How to Probate Wills
If a family member died and left a will, it usually must be submitted to the probate court. The process of probating a will is governed by the Uniform Probate Code or a variation of this law in force in your state. The clerk of the court likely maintains a copy of basic instructions for the probate court for your use.
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Instructions
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Locate the original will. The original will must be submitted to the probate court. A copy of the will is not suitable for probate purposes. If you are unable to find the original of a will and have only a copy, the court can at its discretion consider using the copy. However, the witnesses to the will need to testify that the copy is true and correct and there generally needs to be no objection of using the copy from any heirs or interested parties.
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Prepare a petition to admit the will to probate and to appoint an executor. The executor is named by the deceased individual in the will to oversee the estate. The court needs to both accept the will into the probate process and approve the appointment of the individual named in the will to serve as the executor.
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File the petition to admit the will to probate together with the original will attached as an exhibit. The petition is filed with the clerk of the court. In most counties (or parishes in Louisiana), a unified court system is in place with one comprehensive court clerk's office. However, there remain some jurisdictions that maintain a separate probate court clerk.
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Obtain a hearing date in regard to the petition to admit will to probate and appoint an executor. Typically the court clerk provides this information. In the alternative, the probate judge assigned to the case will set the hearing date through her administrative assistant.
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Notify all heirs named in the will of the date and time of the hearing.
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Publish a legal notice in a newspaper of general circulation of the petition to probate the will. The court clerk will provide you with an approved legal notice form. In most states the legal notice needs to be published for three consecutive weeks well enough in advance of the hearing to advise any interested individuals of the case. More than anything else, this notice is intended for any creditors of the person who died.
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Appear at the scheduled hearing. Unless there is a serious objection with merit, the will is admitted to probate and the executor officially is appointed by the court.
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Tips & Warnings
File the petition to probate promptly after the person's death. Allowing too much time to pass can complicate the probate process.
Probating a will is a complicated process involving complex law and court procedure. Therefore, in many cases hiring a lawyer is advisable.
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