1. Is probate required?
Not all estates require probate. In particular, often it is not required for the 'first spouse' to die. Learn more about whether probate is required here.
2. Forms & Orders
Different forms and orders are required for different estates, depending on such factors as size (over or under $150,000), whether there is or is not a Will, whether there is an affidavit of execution, and whether a bond or order to dispense with bonding is required. Our Forms service helps you determine which forms are required for your estate.
3. Complete properly
Completing the forms with all of the right information, including correct names, addresses, values of assets, guardians of minors and incapable people. The filings for supplemental Court orders such as deferral of EAT, dispensing with a bond and proving the signature on a Will are not easy. Our advice service helps.
4. Serve properly
The Court documents must be served on the right people in the right manner. Who and how depends on such factors as whether the estate is small or regular sized, whether any beneficiaries are under 18 or incapable of managing their finances, etc. What documenets to serve depends on the requirements for the particular application If there is a Will, beneficiaries must receive the Will or a proper excerpt.
5. Assemble the full file
Applications require all of the right documents, signed by the right people. Sworn affidavits (sworn before a commissioner for oaths or notary) are often required. Signed renunciations and consents are often essential. You must pay the Estate Administration Tax, or file the proper to request an Order to defer payment of EAT.
6. File it with the Court
Applications must be filed in the right Court in the right way. They should be sent by email first, then after the Court issues a file number, original documents and payments should follow by mail or personal service.
7. Deal with rejections & objections
Most applications filed by DIY applicants are rejected at least once. Often the reasons are complex and surprising to the applicant and result in the application being rejected. Months of delay are common and sometimes the entire application is flawed and must be replaced completely.
Ready to proceed?
We offer to different services for probate: complete full service, and advice for the do-it-yourself applicant. Learn more about your choices.
