Probate Procedure in United States

Practical Information

Note: Some of this information was last updated in 1982

Some courts require that the surviving spouse, distributees, and executors and trustees named in the decedent’s will be given notice of the petition for probate by service of a citation. The citation is a legal writ citing those to whom it is addressed to appear in court on a certain date and show cause why the will should not be admitted to probate. It does not command an appearance as a summons does. Those who do not want to contest the will need not appear in court. A citation is issued by the clerk of the court (in U.S. law), but is prepared by the petitioner’s attorney.

Any person over 18 may serve a citation. Service is made by delivering a copy to the person upon whom it is served. If an infant is a distributee, the citation is addressed to the infant, but is served upon the parent with whom the infant resides or upon the infant’s guardian. If an infant is over 14, service is made upon the infant as well as the infant’s parent or guardian.

(Revised by Ann De Vries)

What is Probate Procedure?

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