I get asked this question a lot. ”What can I expect at my upcoming probate Court date?” Or, “how soon after my Court date will I have letters testamentary?” Or even, “do I need to be at my Court date?”
Let me start with the last one… NO. Generally speaking there is no need for you to be at the probate Court hearing. The only exception is if the matter might be contested. In those cases your appearance is a good idea if you are local… or you can “appear” telephonically if you are far away.
IMMEDIATELY AFTER THE HEARING
In some counties they process the court documents right away. In those courts we can get the documents the same day. Others take a month to process. You just don’t know as each court is different and most courts are not consistent.
FLY ON OUT?
Clients ask if they should fly out right after the Court date to start taking care of business. Based on the above inconsistency I encourage clients, from out of state, to not fly in until we have the documents in hand.
Be alert and aware of your court date but be patient. Unfortunately no matter how prepared your attorney is delays can happen. The chance of delays is reduced when hiring an experienced and organized attorney but things happen!