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:

• An Executor, family member, or attorney, files an application called the Petition for Probate of Will to , along with a copy of the Death Certificate a local Probate Court where the deceased lived at the time of death


• This application is provided by Probate Court and asks that the Will be officially submitted into Probate


• Once reviewed by a judge, a hearing will be called to begin the Probate process

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.