WHAT YOU NEED TO KNOW
- Will - Did the decedent have a will and if so, do you have the original? You can probate an estate if the original will isn't found but a copy has been obtained. However, it does take a little more effort to start a probate based on a copy.
- No Will - If the decedent either didn't have a will or a copy could not be found, it does take a little more effor to initiate a probate process. A bond for the court appointed administrator may need a bond.
- Heirs - If the family of the decedent get along with one another, the probate process runs smoothly. However, if there is even one family member or heir of the estate is difficult to work with, that adds extra time and complication to the probate process.
- Trust - Depending on the wishes of the decendant, an heirs inheritance may need to be placed in trust. Depending on the age of the heir, the probate action may need to remain open for some time untill the heir either becomes of age or however the trust is set up.