Probate Court Records Let You Know the Last Wishes of the Deceased

Probate court documents disclose how a deceased person wants his estate to be handled after he has passed away. If heirs are ‘unhappy’, then these records will show a long trail of documents showing objections, claims, counter-claims, and others by the decedent’s relatives.

Probate court records may be more varied than would normally be expected because, throughout three centuries, it has been tasked with overseeing other matters outside the two main probate components - the Will and the estate.

The Will is filed with a probate court in a decedent’s county of residence. As long as Wills are filed with the courts, they are a matter of public record and may be inspected by anyone. Copies may also be purchased.

It happens often enough that a person, even while possessing substantial wealth, will die without making a Will. If all assets were held in trust or with joint owners, a probate hearing may not be needed.

What Do Probate Court Records Reveal?

Probate court records normally reflect these five general guidelines.

• Proving that a Will is authentic.
• Appointing an executor to implement the decedent's wishes.
• Conducting an inventory and appraisal of property.
• Paying off loans, debts, and taxes.
• Distributing property that is left per the conditions of the Will.

Other documents related to probate include:

• Death Notice
• Petition to Admit (i.e., the Will to probate)
• Testamentary Letters

Will Contests

Additional records may be generated if a Will is contested or if another Will is presented to the court. The court will then determine authenticity and decide which will was indeed the LAST Will.

Only individuals with legal and financial rights to an estate may contest the Will, such as children or spouses excluded from the Will, a child who is given less than a sibling, and heirs who lost their entire inheritance in favor of a charitable institution.

At times, individuals who were set to be awarded more under a previous Will also file protests. There are also contests regarding the executor, trustee, or financial institution in charge of the estate.

Of course, there is the ever popular reason of “undue influence”. For example, in cases where the surviving family feels that a person, whether a blood relation or not, manipulated the decedent into dividing assets in a certain manner.

Such protests may draw out the settlement period, and generate added costs and paperwork. Although a Will contest should be filed within the number of days set by state law, the exchange of documents, notices, and answers after the contest is filed may stretch the proceedings across several years.

Probate court records will reflect if the court invalidated the entire Will or only contested portions.

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