Estate / Administer The Estate / Begin Probate with a Will

Begin Probate with a Will

If the deceased had a Last Will & Testament at the time of their death, its legitimacy must first be validated by a court before the Estate can be settled.

Typically, this process follows the following steps:

Because each state has different Probate laws, review the links below to learn more about local submission requirements.

Note: even if Probate is not necessary, state law still requires that a Last Will & Testament be validated in court before the Estate can be administered.

If Probate Court declares a Will to be invalid, then it's possible that the Will has been considered:

  • Forged or fraudulent

  • Not properly witnessed

  • Written by a person not of sound mind, or under undue influence of someone while drafting or signing the document

In these cases, the deceased's Estate will be managed as if no Will exists and instead governed exclusively by state Probate law.

Probate can be complicated and challenging, so it may be helpful to hire an attorney, though legally not required.

Review the links below for more information on Wills and Probate, and search for local Probate Attorneys for hire.