What Happens If A Person Dies With A Will?
In general, after the testator (the person with the Will) dies, the person named in the Will to carry out its terms (an executor or personal representative) files the original Will and other legal papers in a probate court, which is usually located in the county where the testator lived. The executor signs a petition to the probate court describing the circumstances under which the testator executed the Will, naming his or her heirs (the persons who would receive the decedent`s estate), describing the property interests passing under the Will, the legacies received by the beneficiaries and asking the court to admit the Will to probate. Unless they specifically agree to waive notice, each of the heirs must receive formal legal notice that a document purporting to be the Will has been offered for probate. The family members are given an opportunity to appear in court to contest (object to the Will); if they do not contest the Will and the probate judge finds the Will in order, he/she generally admits it to probate and formally appoints the executor. After probate, it is usually difficult for family members to upset a Will. In most states, it is possible for very small estates to be distributed through summary administration or small estates procedures. These procedures are less formal than traditional process of probate.
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