Tuesday, December 11, 2012

Another Probate Requirement

Jack already prepared a Petition asking to become the executor of his mother’s will and signed an executor’s oath and individual bond as required.  Now if he files those documents with the required attachments, the probate court will decide whether proof of the will is satisfactory.

If the proof of the will is satisfactory, the court will admit his mother’s will to probate, appoint Jack executor, and order that the clerk issue “letters testamentary” to Jack.  Then Jack must begin issuing the various notices required by probate.

Heirs (certain relatives defined by law) and legatees (people named to receive things in the will) must be given notice of the court’s order within 14 days.  For example, Jack’s sister Tammy must be given this notice, which tells her of certain legal rights to challenge the will or the court’s order. 

There is a way around the extra work caused by having to give formal notice.  Jack could have asked Tammy and the others who would need to receive the notice to sign a Waiver of Notice.  If all signed, Jack could simply have filed those along with his petition, sent the notices via regular mail and skipped having to later file proof in court that he sent the notices.

Advance estate planning can often minimize the burdens of probate or even avoid it.  For estate planning advice, call our office at 436-1996 for an appointment.  ©2012 Gruber Law Office


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