Legal Petition Will

LEGAL PETITION WILL

To the Honorable Court of: — Petitioner: , whose mailing address is , respectfully petitions the Court concerning the estate of decedent Testator: , who died on . The instrument offered for probate is dated .

RECITALS

WHEREAS, the Testator was domiciled at at the time of death and was a resident of the jurisdiction of this Court.

WHEREAS, the instrument presented to this Court appears to be the decedent's Last Will and Testament dated and names as executor or personal representative.

WHEREAS, Petitioner alleges that the instrument attached to this petition is the decedent's valid Last Will and Testament and that admission of the instrument to probate and issuance of letters testamentary or letters of administration with will annexed is necessary to administer the estate.

NOW THEREFORE, Petitioner respectfully states as follows and prays for relief as set forth below.

1. JURISDICTION AND VENUE

The Court has jurisdiction over this matter pursuant to applicable statutes governing probate and administration. Venue is proper in this Court because the decedent was domiciled within the Court's territorial jurisdiction at the time of death and decedent's estate contains assets located within this jurisdiction.

2. PARTIES AND CAPACITY

Petitioner is a competent adult and is entitled to seek admission of the Will for probate. Petitioner affirms that Petitioner is under the terms of the Will or otherwise has standing to file this Petition.

3. WILL AND PROOF

Petitioner represents that the original of the decedent's Last Will and Testament is in the possession of Petitioner and is submitted herewith: Original will attached Self-proving affidavit attached

4. FACTS RELIED UPON

The material facts supporting this Petition include, but are not limited to, the following: the Testator executed the attached instrument as the Testator's Last Will and Testament; at the time of execution the Testator possessed requisite testamentary capacity; the Testator was not unduly influenced or coerced; and the signatures on the instrument are genuine.

5. REQUEST FOR RELIEF

Petitioner requests the Court to enter an order that:

1. Admits the instrument dated to probate as the Last Will and Testament of the decedent;
2. Issues Letters Testamentary or Letters of Administration with Will Annexed to ;
3. Dispenses with or requires bond as the Court deems appropriate; and
4. Grants such other and further relief as the Court deems just and proper for the administration of the estate.

6. BOND, SURETY, AND POWERS

Petitioner requests that the Court exercise its discretion regarding any bond requirement and, if letters are granted, to confer upon the personal representative the statutory powers to collect assets, pay debts and taxes, retain counsel, and manage estate affairs without further order of the Court except as required by law or the Court.

7. NOTICE TO INTERESTED PERSONS

Petitioner will provide notice to all persons entitled to notice under applicable probate law and will file proof of service with the Court in conformance with statutory requirements.

8. INVENTORY, ACCOUNTING, AND DISTRIBUTION

Petitioner acknowledges the duty to inventory the estate, to provide periodic accountings as required by law, and to distribute assets under the terms of the admitted Will and applicable statutes, subject to payment of valid debts, taxes, and administration expenses.

9. OTHER PROVISIONS

Petitioner acknowledges that the Court retains jurisdiction to enforce its orders and to resolve matters concerning the administration of the estate, including petitions for instructions, surcharge, removal of a fiduciary, and other relief consistent with probate law.

GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Petition is governed by the laws of the State where the Court sits. This Petition constitutes the entire written petition filed by Petitioner regarding the matters asserted herein. If any provision of this Petition is held invalid, the remaining provisions shall remain effective to the fullest extent permitted by law.

NOTICES

VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the State in which this Court sits that the foregoing statements are true and correct to the best of my knowledge and belief, and that the attached instrument is the Last Will and Testament of the decedent.

Sign Now