What Happens If The Will Is Uncontested?

When a will is admitted to the courts to go through probate, it is a legal requirement that any parties that may want to contest the will and question the validity of the will are permitted to do so.

In order for this to happen, the executor or personal representative of the will may go through an experienced probate lawyer, who can then file a petition for the court along with the will.

The lawyer must also contact all parties that may have a vested interest in the will that a petition has been filed and that anyone wishing to contest the will is able to do so.

This is not just the people named on the will as beneficiaries, but also those not named on the will that may have been legally entitled to receive property in the event that there was no will left.

Once this has been done, a date is normally set for a hearing in relation to the petition.

This can often delay probate proceedings considerably as the date can be anything from weeks to a few months from the date that the petition is filed. In addition, the proceedings can be further delayed if one of the beneficiaries or one of the people who may be entitled to contest the will cannot be located.

It may also be necessary for the witnesses of the will to be present, in which case they will also have to be located.

In the event that no objections are received and the will is uncontested, the probate process can continue smoothly. The personal representative or executor is officially appointed, and if the named person or persons on the will are not able or willing to perform the duties of executor or personal representative, an outside executor is appointed by the court.

Once this has been done, the executor takes over the proceedings and must look into and list the assets and liabilities of the decedent. From thereon the executor assumes responsibility for all aspects of the will, from checking on any monies owed on the estate to checking the validity of any claims made against the estate. The executor must also take control of the assets and ensure that everything is kept in a good state of repair throughout the proceedings.

Administering the will can be a very lengthy process, so the executor may have to assume responsibility for the deceased’s affairs for quite some time. Throughout the process, the executor or personal representative must file reports with the court to account for monies and assets coming in to and going out of the estate.

Once all creditors have been made, all due monies collected, taxed paid up to date, legal matters dealt with and everything is in order, the executor can then deal with disbursement of the estate to the named beneficiaries, which again must be overseen and approved by the courts to ensure that the wishes of the decedent are complied with.

Looking For A Probate Lawyer In Your Area?

Select Your State Below To Find One Today

Alabama Probate Lawyer Louisiana Probate Lawyer Ohio Probate Lawyer
Alaska Probate Lawyer Maine Probate Lawyer Oklahoma Probate Lawyer
Arizona Probate Lawyer Maryland Probate Lawyer Oregon Probate Lawyer
Arkansas Probate Lawyer Massachusetts Probate Lawyer Pennsylvania Probate Lawyer
California Probate Lawyer Michigan Probate Lawyer Rhode Island Probate Lawyer
Colorado Probate Lawyer Minnesota Probate Lawyer South Carolina Probate Lawyer
Connecticut Probate Lawyer Mississippi Probate Lawyer South Dakota Probate Lawyer
Delaware Probate Lawyer Missouri Probate Lawyer Tennessee Probate Lawyer
Florida Probate Lawyer Montana Probate Lawyer Texas Probate Lawyer
Georgia Probate Lawyer Nebraska Probate Lawyer Utah Probate Lawyer
Hawaii Probate Lawyer Nevada Probate Lawyer Vermont Probate Lawyer
Idaho Probate Lawyer New Hampshire Probate Lawyer Virginia Probate Lawyer
Illinois Probate Lawyer New Jersey Probate Lawyer Washington Probate Lawyer
Indiana Probate Lawyer New Mexico Probate Lawyer Washington DC Probate Lawyer
Iowa Probate Lawyer New York Probate Lawyer West Virginia Probate Lawyer
Kansas Probate Lawyer North Carolina Probate Lawyer Wisconsin Probate Lawyer
Kentucky Probate Lawyer North Dakota Probate Lawyer Wyoming Probate Lawyer
* First Name
* Last Name
* Street Address
* City
* State
* ZIP
* Main Phone Number
Email Address
Name of Decedent
Relationship to Decedent
State of Decedent
County of Decedent
Date of Death (mm/dd/yyyy)
Cause of Death
Is there a Will?
Yes No Unsure
If yes, who is the personal representative or executor?
What is approximate value of estate?
if property/assets owned outside of state, what state?
Please describe your probate needs
  • What is Probate?
    2008-04-07 12:21:18
    Probate is the legal process of settling a deceased person's estate, which includes paying creditors or debts, and distributing the assets of the deceased to the correct beneficiaries. It is a complic ... [read more]
  • Home | About 1-800-Probate | Contact 1-800-Probate | 1-800-Probate Privacy Policy | 1-800-Probate Terms And Conditions | Contact us
    © 2007 1-800-Probate. All rights reserved | Florida web design | Disclaimer