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What Occurs During a Probate Hearing?

At a probate hearing, the court decides whether or not to grant probate to the executor of an estate. The executor is responsible for carrying out the deceased person's wishes as specified in their will.

If probate is granted, the executor can access the deceased person's assets and begin distributing them according to the terms of the will. If probate is not granted, the executor cannot access the assets, and the estate will remain in limbo until a decision is made.

At the hearing, the court will consider any objections to the granting of probate. Anyone can object to a stake in the estate, such as beneficiaries or creditors.

If the court decides to grant probate, it will issue a document called a Letters Testamentary. This document gives the executor the legal authority to act on behalf of the estate.

If you have been named as an executor in a will, it is crucial to seek legal advice before the probate hearing. An experienced attorney can help you navigate the probate process and ensure that your rights are protected.

  • Published: Oct 10, 2022
  • Updated: Dec 26, 2023

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This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

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