Select the search type
  • Site
  • Web
Search

Petition to Probate Will in Solemn Form

A Petition to Probate Will in Solemn Form requires notice to all heirs and becomes binding upon all parties immediately upon entry of the final order.  "Heirs" are those persons who would inherit the estate if there were not lawful Will; heirs may or may not be beneficiaries under the Will.  The notice requires anyone having a legal cause to object or to contest the alleged Will to file an objection or contest before a certain deadline.

 
The original Will must be filed with the petition, and proof of the proper execution of the Will must be provided by either a Self-Proving Affidavit, Interrogatories or Proof of Witness.  If the original Will cannot be located, an Affidavit to Offer Copy of Will must also be submitted detailing the petitioner's efforts to locate the original Will AND Interrogatories or Proof of Witness.
 
All heirs must be duly served or must acknowledge service.  The Court will appoint a guardian ad litem for any minor or incapacitated adult heirs.

Petition to Probate Will in Common Form

A Petition to Probate Will in Common Form may be done without notice to the heirs, but does not become binding for four years after the appointment of the Executor.  heirs and others may file an objection or contest at any time up to four years after common form probate.

 
The original Will must be filed with the petition, and proof of the proper execution of the Will must be provided by either a Self-Proving Affidavit, Interrogatories or Proof of Witness.  If the original Will cannot be located, an Affidavit to Offer Copy of Will must also be submitted detailing the petitioner's efforts to locate the original Will AND Interrogatories or Proof of Witness.

Petition to Probate Will in Solemn Form & For Letters of Administration with Will Annexed

If there is a Will but the named Executor/Executrix is either unable or unwilling to serve, an Administrator C.T.A. (with Will annexed) must be appointed.  A majority of the heirs and beneficiaries may select the Administrator C.T.A.  Notice is required to all heirs and beneficiaries under the Will.  The notice requires anyone having a legal cause to object or contest the alleged Will to file an objection or contest before a certain deadline.

 
The original Will must be filed with the petition, and proof of the proper execution of the Will must be provided by either a Self-Proving Affidavit, Interrogatories or Proof of Witness.  If the original Will cannot be located, an Affidavit to Offer Copy of Will must also be submitted detailing the petitioner's efforts to locate the original Will AND Interrogatories or Proof of Witness.
 
Any nominated Executor/Executrix still living must sign a Renunciation, or there must be testimony that the Executor/Executrix is unable to serve.  A death certificate for any nominated Executor/Executrix that is deceased is required.
 
All heirs and beneficiaries must be duly served or must acknowledge service.  The Court will appoint a guardian ad litem for any minor or incapacitated adult heir or beneficiary.

Petition for Year's Support

A year's support is a means for the property to pass directly to the surviving spouse or minor child of the deceased.  One of the benefits of a year's support is the elimination of certain taxes for property transferred (automobiles, farm equipment, boats, trailers, motor homes, and real estate).  The year's support process is more complicated and may require an attorney to assist in the filing.

 
The original will must be filed with the petition.
 
This petition must be filed within 24 months after the decedent's death and can only be filed by the decedent's spouse who has not remarried since the death of the decedent or on behalf of the minor children of the decedent.
 
All heirs, beneficiaries, named Executor/Executrix's and creditors of the estate must be duly served or acknowledge service.  The Court will appoint a guardian ad litem for any minor or incapacitated adult.
 
Notice of the petition must be published in the Henry Daily Herald, the County's legal organ for 4 weeks, as required by law.

Will Filed Not for Probate

Probate of the Will is not necessary if there is no property to pass under the Will.  The original Will must still be filed with the Probate Court.  if the only property in the estate is an automobile, forms are available at the tag office for transfer of title without probate.

Petition for Temporary Letters of Administration

This petition is usually filed when another petition is pending before the Court.  Notice to the heirs is not required, but a majority of the heirs may select the temporary administrator.  Powers are limited to collecting and preserving the assets of the decedent, and the Court may appoint a temporary administrator upon any showing of necessity or appropriateness.

 
No expenditures or disbursements may be made without a special court order.  Temporary administrators must be bonded for the full value of the decedent's personal property with a minimum bond of $10,000.00 and are required to file inventories and annual returns.

Petition to Enter and Examine Safe Deposit Box

This petition is usually filed when the Will is thought to be in a safe deposit box.  It permits the bank to open and examine the contents of the box in the presence of the petitioner.  If a Will is found, the bank must deliver it directly to the Probate Court.  Insurance policies may be delivered directly to the named beneficiaries.  The petitioner may receive only burial instructions and any deed to a burial plot.  Other property must remain in the box until an Executor or Administrator is appointed.