Wills and Probate Attorney
Traditional Probate of a Will with Request for Issuance of Letters Testamentary
Probate of a Will is a legal procedure by which a deceased person’s Last Will and Testament are filed with the clerk of the Court with an Application to Probate the Will and for Issuance of Letters Testamentary.
As part of the Application, a request is made to appoint an Executor, as per the Will.
Probate of a Will as a Muniment of Title
Probating a Will as a Muniment of Title is a relatively inexpensive method to transfer and divide assets of the estate when a valid Will is available, there are no unpaid debts, other than any debt secured by a lien on real estate and there is no Medicaid claim for recovery of benefits associated with the estate.
Probating a Will as a Muniment of Title offers a streamlined process and bypasses the typical administration of a Will. By filing an Application to Probate a Will as a Muniment of Title, the parties are basically asking the Judge to recognize them as owners of the properties bequeathed to them and that no other Court action is necessary on the estate. In this case, the Will acts like a deed proving ownership over a particular property or properties. The process differs from the traditional probate of a will in that no executor is appointed. This procedure can be an expeditious and a less costly method in handling the transfer of assets of a testator to the beneficiaries named in the Will.