Content

• Steps
• Tips
• Warnings

A will is a legal document that spells out the final decisions or instructions of an individual after death. The probate process controls the payment of funds and the administration of the estate. The legal process for a probate may differ depending on local laws.

Steps

1. 1 Write a petition to the inheritance court.
   • The court determines whether the submitted document is lawful and justified.
   • Payment for immovable and movable property will be monitored and established by the court in accordance with the instructions given in the will.
2. 2 Learn the terminology of the probate process.
   • A petition is a formal letter asking the court to provide an act.
   • Real estate is things that are directly related to property. Land, houses and fixed equipment are examples of real estate.
   • Movable property is the opposite of immovable property. This is property that can be moved. Furniture, clothing, animals, cars are examples of movable property.
   • Contractor - a person appointed by a person to manage the property.
   • Administrator - a person appointed by the court to oversee property affairs if a person dies in a region different from the location of the property.
   • Property - all property owned by a person: movable and immovable.
3. 3 Notify heirs of death or probate hearing. Notices must be sent by mail or other appropriate method to the persons named in the will. If the current address is unknown, the last known address is used.
4. 4 Publish a notice in the newspaper in the city where the deceased lived.
   • Publication is required to notify heirs of upcoming hearings.
   • Notice gives legal persons the opportunity to file a probate objection and allows the appointment of an executor or administrator.
5. 5 Wait for the probate hearing process. A probate hearing can be scheduled several weeks or months after the petition is filed. The main purpose of litigation is to check the will and appoint an executor or administrator.
6. 6 Signature confirmation by witnesses. The court may require the parties who witnessed the will to sign the declaration. The declaration is a legal document that is subject to judicial review in case of false testimony.
7. 7 Pay creditors' bills and other outstanding debts. The contractor or administrator will be responsible for paying the money to the creditors. Creditors' bills and taxes must be paid prior to consideration of applications by the heirs.
   • A property inventory must be carried out to declare all property of the deceased.
   • A bank account must be opened exclusively for property transactions.
   • Movable and immovable property can be sold to raise funds to pay off debts.
   • A detailed financial statement must be filed with the court.
   • The rest of the funds or property will be divided among the heirs.

Tips

• The contractor and administrator will be liable for failure to fulfill obligations related to the use of the property for its intended purpose.

Warnings

• A claim that calls into question the fulfillment of a will must be brought before the succession court.