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The last thing you want to do after a friend or loved one’s death is go to court. However, following the decedent’s posthumous wishes typically requires probate, the legal process of bringing the will to fruition.
Are you preparing for a probate hearing? You’ll need to bring specific probate court documents with you. While the probate process looks different depending on your state — for example, the state of Alaska probate is typically simpler and less time-consuming than in other states — you should gather a few essential documents to take with you to court.
What Is a Probate Hearing?
A probate hearing is a court appearance in which a judge reviews a decedent’s estate planning documents and oversees the distribution of assets according to state succession laws. If you’re attending a probate hearing, you probably had a close familial or legal relationship with the decedent or are expecting an inheritance from their estate.
Not every death leads to a probate hearing. You may need to attend a probate hearing if:
- The decedent died without a will: If the decedent did not have a will, the probate court will determine the distribution of assets and debts according to state succession laws.
- The decedent had a large estate: Probate hearings are common for large, complex estates. The court intervenes to supervise and approve the distribution of assets out of the estate.
- You and/or other parties have disputed the will: The probate court often acts as an impartial mediator to help settle disputes over the will or other estate planning documents.
Compiling the appropriate probate court documents can help you feel more confident heading into a probate hearing, no matter its purpose. You will have all the information the probate hearing division needs to understand and fulfill the decedent’s wishes.
Probate Checklist: Documents To Bring to Your Probate Hearing
When preparing for probate court, it’s a good idea to bring any documents that may be relevant to the distribution of the decedent’s assets. Find and compile all of these probate court documents before the hearing:
- Death certificates: Bring at least one copy of the official death certificate from the Department of Health in the city where the death occurred.
- Last will and testament: If the decedent had a will, bring it to the hearing.
- Petition for probate: The petition for probate is a legal document that details the decedent’s estate and petitions the court to recognize the will. This starts the probate process.
- Trust documents: Did the decedent have a revocable living trust or any other trust vehicle to distribute assets to beneficiaries? Bring these documents to the hearing.
- Inventory of assets: Bring an accurate and comprehensive list of the decedent’s assets, including property, vehicles, bank accounts, investment accounts, businesses, etc.
- Appraisals of property: Having a professional appraiser assess the value of large assets ahead of time can aid the distribution of assets. Bring appraisal documents to court.
- Debts and liabilities: The probate court will also need to know about the decedent’s debts and other liabilities that must be paid out of their estate.
- Beneficiary designations: Bring any probate court documents that designate beneficiaries of the decedent’s estate. This information may also be included in the will.
- Life insurance policies: A copy of the decedent’s life insurance policy can show how this money factors into the decedent’s assets. Life insurance can be used to pay off outstanding debts.
- Pre- or post-nuptial agreements: If the decedent had a pre- or post-nuptial agreement, it could affect the assets their spouse receives in probate. Bring these documents to court.
- Real estate deeds: These show whether the decedent owned a property outright or split ownership with another person, such as a spouse or business partner.
- Vehicle titles: Vehicle titles also help establish ownership of major assets.
- Tax returns: Bring copies of the decedent’s federal and state tax returns from the previous year to show their income and the value of their business ventures.
If you’re unsure whether a document will be relevant or necessary, bring it anyway. Doing so can help streamline the probate process.
The Importance of Probate Court Documents
All of the probate court documents on the list above serve to establish the decedent’s estate and their wishes for their estate after their passing. These documents can help:
- Settle any disputes among beneficiaries
- Paint a picture of the decedent’s assets and estate as a whole
- Leave no stone unturned as the court seeks to settle the estate
- Show who the decedent appointed as executor of the will, if anyone
- Organize the components of a large or complicated estate
Because the decedent is no longer here to straighten out any questions about their estate, the court must piece together as much information as possible through the documents above.
Facing Financial Difficulties? Request an Advance on Your Inheritance Through Rockpoint Probate Funding
Probate court can consist of a long, drawn-out legal battle where beneficiaries argue over their inheritances, creditors swoop in to claim assets, and judges deliberate on the proper course of action. In the meantime, your expenses relating to the decedent’s death continue piling up without immediate recourse in sight.
If you’re facing financial difficulties as you await your inheritance, consider applying for a probate advance through Rockpoint Probate Funding. You’ll gain peace of mind as you gather probate court documents and await your inheritance, knowing you have a financial cushion to sustain you.
Apply for inheritance funding today to learn whether you qualify.
