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Petition for Probate

A Probate Petition must be filed in the county where the decedent was living at the time of death, no matter where he or she passed away. When the "petition for probate" has been filed, a hearing (legal meeting) is scheduled in probate court. The probate hearing (which starts the probate process) is usually scheduled on a day three to six weeks after the filing date.  The length of time between filing the petition for probate and the probate hearing can vary greatly depending on the size of the county the probate court serves and the number of judges and support staff employed by the probate court.  Additionally, the probate process requires that a "notice of probate hearing" be sent to all the decedent's heirs as well as everyone mentioned in the Will. Completing the notice requirement can affect the timetable for the date of the initial probate hearing.
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