Beginning Probate

• A probate case starts when a person dies. If that person left behind property, called an estate, that property must get transferred to new owners, a process known as settling the estate. The probate court is the court that hears probate cases. In some states, probate courts are known as orphan's court, while other states do not have specific courts for probate cases. There is no requirement that the person who opens a probate court case be an attorney.
  
  

Probate Procedures

• Anyone who has a copy of a person's will when that person, called a testator, dies can take the will to the probate court to open the probate case. Typically, you must also bring a death certificate and a court form, known as a petition, asking the court to open the case. You may also have to file a list of potential heirs or beneficiaries and ensure those people receive notice that the court has opened the probate case. Though a lawyer will be more experienced with these procedures, you do not need to be a lawyer to do it.
  
  

Proving a Will

• The process of proving a will begins once the will, or a copy of a will, is brought before the probate court. The court must ensure that the will is valid and can call upon the witnesses who saw the testator sign the document to verify that it is actually the will. Though this process sometimes involves court hearings and other legal proceedings, you are not required to have a lawyer during this process.
  
  

Executors

• The executor, sometimes called a personal representative, is the person whom the probate court appoints to oversee the estate settlement process. While you can nominate an executor in your will, it is up to the court to approve this nominee and grant the person the right to start the probate process. An executor does not have to be an attorney and can even be an organization such as a bank or trust department of a bank.