Opening an Estate

An estate is usually opened in the probate court of the county where the person lived at the time of death. The process typically involves filing a petition, a certified death certificate and, if one exists, the original will. If the will names an executor, the court generally appoints that person. If there's no will, state law sets an order of priority, often starting with a surviving spouse and then adult children. Some states offer simplified procedures for smaller estates, though a pending legal claim may affect which procedure is appropriate. The court clerk can explain local forms, fees and filing steps.

Once the court approves the appointment, it issues a document often called letters testamentary when there is a will, or letters of administration when there isn't. These letters prove the representative's authority to act for the estate. Courts, trusts and companies involved in a mesothelioma claim usually require a copy before they'll accept filings or send payments. Ask the court for several certified copies, since more than one office may need an original. Keep track of expiration dates, because some jurisdictions require letters to be renewed or recertified after a period of time.

Many mesothelioma legal teams have experience coordinating with probate courts in different states. They may help prepare the petition, work with a local probate attorney or explain what documents the court will ask for. Because a wrongful death or survival claim may depend on having an estate in place, they often prioritize this step. The representative still has legal duties, such as acting in the best interests of the estate and its beneficiaries. Ask your attorneys to explain those responsibilities before you agree to serve, so you know what's expected.

1. 1

   Find out which county probate court covers the place where your loved one lived.

2. 2

   Locate the original will, if there is one, and any documents naming an executor.

3. 3

   Order certified copies of the death certificate before filing the probate petition.

4. 4

   Request several certified copies of the letters once the court issues them.