Establish Last Valid Will Or Intestacy
The person filing the Petition for Probate (“Petitioner”) will request that a will be validated or, if no will, that the estate be administered under the rules for intestate succession (the rules of who gets what when there is no will).
The Probate Petition will typically have a copy of the will they propose to be admitted as the decedent’s last will. Parties then have a limited time to object to the validity of the will. Objections regarding the validity of the will usually revolve around the following:
- Executed Improperly
- Executed without Testamentary Capacity
- Will Procured by Duress
- Will Procured by Undue Influence
- Will Procured by Mistake
- Will Procured by Fraud
In order to raise an objection to the validity of a will, a person must do so timely or they will likely lose their right to object forever.
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