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How Is An Estate Probated Or Administered?

If there's a will, then the attorney will file an application for probate of the will and attach the original will and file it with the clerks office. If there is no will, you either have to file the application for dependent administration, which appoints an administrator that has to serve with a bond, or in the event you can get all of the beneficiaries of the decedent to agree, you can file an independent administration application and request that the heirs be determined. But both of those procedures occur if there is no will.