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How do you petition the court to open a probate?

petition the court to open a probate

The court cannot begin a probate matter unless it is petitioned to do so. After the death of the estate, the court must be informed by the chosen executor in order to get the right and authority to administer the estate. If you are the heir to an estate that may be probated, it’s important to make sure the court gets petitioned in a timely manner so that probate proceedings can start.

In this article, we’ll go over the different steps involved in petitioning the court for probate.

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Importance of a petition to the court to open a probate

The estates cannot be shared unless the probate court approves of the executor chosen or not chosen by the deceased. If the appointed executor carries on with the distribution without the notice of the court, he will face judicial penalties.

The petition notifies the court that the willer is dead and that the administration is about to begin. The court approves of the process and follows it through till the end. It is important to file this petition.

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Timeline of the petition to open a probate

Many beneficiaries don’t know the procedure for probate so they wait for years after the death of the willer to reach out to an attorney seeking the administration.

Other than this, the timeline for administration should not take longer than three months and no shorter than one week. Once the probate is open, the administration can take a few more weeks or more.

How a petition to open a probate works

The executor is bound with the duty of filing for probate administration to the court. In this process, he will submit several letters requesting permission from the court to begin the estate distribution process.

If you enter the probate process and can not wait until administration finishes

If you can’t wait until probate administration concludes to receive your final distribution, than a probate advance is an option for you. At inheritance advanced we have provided 1,500+ heirs and beneficiaries access to immediate funds through probate advance funding. You can visit our contact page and submit a brief form and receive money within 24 hours.

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Legal Disclaimer: Please note that Inheritance Advanced is not a lender. Inheritance advance does not provide probate loans, inheritance loans, or estate loans, rather, an advance on a portion of proceeds signed over to Inheritance Advanced. Inheritance Advanced is also not a probate attorney and any information in this article should not be misconstrued as legal advice. We recommend that you seek the advice of an attorney, CPA, and tax attorney regarding any decisions pertaining to your probate.

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Get Your Inheritance Money Now!

Our Inheritance Cash Advances help heirs receive a portion of their inheritance payout in just a few days. We then wait and are paid directly out of your share when the estate finally closes. We wait for probate so that you don’t have to. Click below and fill out our short form to receive an advance immediately.

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