What Factors Set The Stage For Probate To Occur?

When someone dies with a will, the named executor will need to open probate by filing a Petition For Probate with the court.  If the decedent had no will, someone will need to open an “administrative” probate by filing a petition. The court will appoint the administrator and will ultimately distribute assets to the decedent’s closest living heirs at law, as specified by statute.