Friday, March 28, 2008

Probate

Monday afternoon I went to the Surrogate's Court to probate Mom's will. I had brought her will and death certificate but found out that I also needed Dad's death certificate as he was named primary executor. The will was also missing a notation that certified the witnesses.

It didn't take long to find Dad's death certificate but I also had to call the lawyer in SC who had prepared the will. He was one of the witnesses and will need to sign a "Proof of Witness Form." I went back today with the additional info and was told that my part of the process was complete.

The Surrogate Court clerks encouraged me to sign an affidavit stating that I was there when the will was signed. I probably should have but had already answered "No" to the "Were you present" question several times and would have felt like a schnook reversing myself for the sake of expediency. The down side is that they'll have to go through the exercise of sending the form down to SC and getting it signed.

When I started to look into it I was quite intimidated by the probate process but it was really easy. I encourage anyone who has to go through this to seek out advice from the Surrogate's Court and go it alone. A lawyer would have been a waste of money.

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