Probate Procedures

What can I expect during (uncontested) probate?

In most cases, an attorney can make the probate process relatively painless.  First, a petition needs to be filed with the court.  The petition will include items like the date of death, the names of the heirs, and other information required by the probate code.  Then, notice needs to be sent to all beneficiaries and heirs, or they all need to sign waivers of notice.  In some cases, a brief hearing is necessary in front of the judge.  As long as no objections are made to the petition, the court should grant the probate in a few weeks (you never know how long this might take; the court sometimes gets backed up).  The judge will need a pre-filled order and letters testamentary to sign.

In most uncontested cases, this should be the end of involvement with the court.  The estate can move on to administration.