Prior to filling out form CC-1650 you will need to gather The Will
Identify who has been appointed executor, or co-executors. You will use this information to complete the form.
Purpose of Form CC-1650
- Prove the will: Is the Will valid. There are 3 ways to to prove a will:
1. Self-Proving affidavit, the will contains language that is signed by both the decedent & a witness an is further notarized.
Deposition of Witness to Will without Self-Proving clause
If the Will lacks the self-proving affidavit, the PR needs to bring in at least one of the witnesses. Form cc-1610, is used to depose the witness
Holographic Will
If the will is written entirely by hand, then the PR needs to bring 2 people, who are
1) disinterested in the estate, who can testify that they are familiar with the decedents writing & 2) that the writing on the will is that of the decedent.
Form CC-1602 is used to depose the witnesses
Note: A disinterested person is : Not a relative, Not a beneficiary or a relative of a beneficiary
- Gather Information: The form collects vital information about the decedent, including their name, date of death, and domicile at the time of death.
- Identify the Executor: It identifies the person who is applying to manage the decedent's estate.
- Outline the Estate's Assets: It provides a preliminary estimate of the decedent's probate assets.
Key Sections of Form CC-1650
1. Decedent’s Information
- Full legal name
- Date of death
- Last known address
2. Applicant’s Information
- Name of the proposed executor or administrator
- Relationship to the decedent
- Contact information
3. Estate Details
- Estimated value of probate assets
- Brief description of the assets
Why is Form CC-1650 Important?
- Legal Requirement: It is a mandatory step in initiating the probate process.
- Clerk's Assessment: It helps the Clerk of the Circuit Court assess the validity and completeness of the probate application.
- Smooth Process: Properly filling out this form can help ensure a smoother and more efficient probate process.
Steps to Complete Form CC-1650
- Gather Necessary Information: Collect all required information about the decedent and the estate.
- Fill Out the Form: Provide accurate details in each section of the form.
- Submit to the Clerk: Submit the completed form to the Clerk of the Circuit Court in the appropriate jurisdiction.
Other forms you may need are : List of Heirs ( cc-1611 ) & Probate Tax Returns ( cc-1651 ) both forms are available in the download section
Need Help?
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Disclaimer: The information on this page is for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult a qualified attorney.
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