Are you and your family preparing to start the probate process following the death of a loved one? One of the first steps you’ll need to take involves filing a probate petition with the right probate court in your state. The probate process will officially start once you submit this petition.
If you haven’t ever had to file this type of petition in the past, you might not know what to expect. Find out more about what one is, what you need to include, and who is responsible for filing it below.
What Is a Probate Petition?
A probate petition is a legal document you must file in a probate court in your state to begin estate administration after a loved one’s death. You can’t execute a deceased person’s will without filing a petition and going through the probate process.
Many steps associated with the probate process are designed to ensure your loved one’s assets are distributed to the rightful heirs. But it all starts with you filing a petition to formally let a probate court know you plan to open and close a decedent’s estate soon.
What Is Included in a Probate Petition?
Completing a probate petition and filing it with the right probate court shouldn’t take too much energy. You’ll simply need to fill out this petition with the necessary information.
Here are several items you should include in a petition submitted to a probate court:
- Your loved one’s full name and other personal information
- A list of your loved one’s assets
- A rundown of your loved one’s debts
Along with a petition, you’ll need to file a copy of your loved one’s will and a copy of their death certificate. These will provide a probate court with everything they need to add your loved one’s case to its docket.
If your loved one died with no will, you shouldn’t let that stop you from filing a probate petition. All states have intestate succession laws that allow them to distribute a person’s assets without a will.
Who Is Responsible For Filing a Probate Petition?
When you look through a loved one’s will, it should have an executor or executrix listed. This individual will ultimately file a probate petition and handle every aspect of distributing a loved one’s assets. They’ll receive letters of testamentary documents that give them legal authority to make important decisions on behalf of a loved one’s estate.
If you don’t see an executor or executrix listed on your loved one’s will or if your loved one died without a will, an immediate family member can file a petition with a probate court. A probate judge will appoint an administrator to oversee asset distribution during your loved one’s probate case.
What Is the Deadline for Filing a Probate Petition?
As soon as a loved one dies, you and your family should check to see how long you’ll have to file a probate petition. Some states, such as California, require families to file probate paperwork within 30 days.
However, you and your family might not always have to spring into action this quickly. Other states, like New Jersey, don’t have hard deadlines for when families must file probate petitions.
What Happens After a Probate Petition Is Filed?
Filing a probate petition is just the first step of many that you’ll take during the probate process. Once you file it, a probate court will review your petition and grant it if it includes all the requested information. The court will also appoint an executor or executrix and allow them to start the formal probate process.
How Does the Probate Process Work?
The probate process begins soon after you and your family file a probate petition. It usually plays out like this:
- The executor of your loved one’s will notifies heirs, creditors, beneficiaries, and others about their death.
- They list your loved one’s assets and appraisals for each.
- They list your loved one’s outstanding debts and pay them off.
- They file tax returns for your loved one, if necessary.
- They distribute your loved one’s assets to every beneficiary listed in their will.
- They close your loved one’s estate.
The probate process can take anywhere from a few months to a few years, depending on where your loved one lived, how large their estate is, and whether or not they put together a will.
Reach Out To Rockpoint Probate FundingTo Seek Financial Assistance During the Probate Process
Filing a probate petition is easy, but the actual probate process can be time consuming and stressful. Rockpoint Probate Funding can help by providing a probate cash advance if you believe you could benefit from securing a portion of your inheritance from a loved one before the probate process ends.
Call us at (888) 263-8588 to learn about our probate cash advances.