What is a Probate Proceeding? A Probate Proceeding is any proceeding in a Probate Court (a court having jurisdiction by state Constitution or Statute over probate matters) that relates to the estate [hot link] of a deceased person. Probate Proceedings are sometime also referred to as “Probate Matter” or “Proceeding in Probate”. The Proceedings include the following:
(1) probate of a will, without or without administration;
(2) the issuance of letters testamentary and of administration;
(3) an heirship determination or small estate affidavit, community property administration, and homestead and family allowances;
(4) an application, petitioner, motion, or action regarding the probate of a will or an estate administration, including a claim for money owed by the decedent;
(5) a claim arising from an estate administration and any action brought on the claim;
(6) the settling of a personal representative’s account or an estate and any other matter related to the settlement, partition, or distribution or an estate; and,
(7) a will construction suit.
What actions should family members or a friend should take when end of life is near or soon after a death? Of course, taking care of the emotional needs of family members and friends comes first along with making arrangements for last rites and burial. Regarding probate, first, learn the decedent’s instructions for disposition of his/her body through previously given written instructions, if any.
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