Probate Petitions

What we do / Probate Petitions

What is Probate? 

A “probate” is a court proceeding whereby a deceased person’s estate is administered and the estate’s assets are distributed to the heirs or beneficiaries of the estate or will. Probate is a public court proceeding, meaning that anyone can read the decedent’s will and attend the court hearings for the probate case. A probate of a decedent’s estate generally takes anywhere from 8-12 months to complete, or longer.

To initiate administration of the estate, the executor of the decedent’s will, or any interested person, files a petition to administer the estate with the probate court and a date is set for the first hearing.  Notice of the hearing is then published in the appropriate newspaper and served on the decedent’s heirs, the beneficiaries of the decedent’s will, and all interested parties. A filing fee is paid and other required documents are also filed with the court.

At the hearing, and upon appointment by the court as personal representative of the estate, the executor or administrator will then begin to administer the estate according to the decedent’s wishes as outlined in the will. Among other things, notice is sent to the estate’s creditors and an inventory and appraisal of all estate assets is undertaken. Once the time for filing creditors’ claims has passed and the estate is ready for final distribution, the personal representative or their attorney will prepare a detailed final account, report, and petition for final distribution.

Who can file a petition for Probate?

  • The executor named in the will (if the petition is filed within 30 days of the executor being notified of the death of the decedent).
  • The persons listed in Probate Code §8461 as having priority

Contact Allred Law to represent you in a petition for Probate of a decedent’s estate.