What happens at the first probate hearing?
The percentage of cases approved at the first probate hearing may be lower than you think.  In fact, only about 20% of all probate filings by attorneys get accepted at the first hearing. Thanks to our attention to accuracy and detail, ProbatebyME/APeople’s Choice is proud to have a much higher percentage record than many attorneys!  In most cases our probate filings are “pre-approved” even before the hearing takes place. In this regard, if your case is one of the lucky ones and all goes well, the Order for Probate will be signed after the hearing. At that point, the Court Clerk can issue the Letters. “Letters” is the document that confirms the authority of the personal representative and triggers the earliest date we can file the Petition for Final Distribution. Once the court issues Letters, the personal representative can manage the assets of the estate and perform their other duties.
If the probate case is not “pre-approved,” the probate examiner has probably identified deficiencies or supplemental information they feel is required to approve the Petition. Sometimes it is possible to correct defects or provide the requested supplement information before the hearing. If not, however, the court will continue the matter to a future date to allow the personal representative additional time to file a supplement. It is important to note that this is quite common, and a Petitioner should not be alarmed when this happens in their case. It is critical, however, to be precise about what deficiencies or other information the court is requesting. Don’t be alarmed if you cannot read the probate notes – they are often prepared using brief annotations that our staff is familiar with and understands. You should forward probate notes to the person assisting you with your probate paperwork, as soon as possible, assuming you are representing yourself in the case.
Ideally, if the court approves the Petition, the Petitioner should be able to get a conformed and file-stamped copy of the Order for Probate and Letters immediately after the hearing. Keep in mind; however, Letters are only issued in full probate. The court does not grant Letters in spousal property proceedings or small estate proceedings.
The Order for Probate and Letters are essential documents, and every effort should be made to get them as soon as possible. It is recommended to get 2-3 certified copies of the Letters, as well as a regular file-stamped copy of the Order. Some courts, however, no longer issue the Order for Probate at the hearing. Instead, they mail a copy of the Order several days after the conclusion of the hearing. This revised process causes some delay because it prevents the personal representative from getting certified copies of the Letters when they are at the hearing. Remember, the Court Clerk cannot issue Letters until the judge signs the Order for Probate. As a result, a personal representative may have to return to the court after they receive the filed Order for Probate in the mail to pay for and order the necessary certified copies of the Letters from the Court Clerk.