le the accounts
of such appointees.
In many states jurisdiction wholly extraneous to the characteristic work
of these courts is imposed upon them, or the probate business is
associated with other jurisdiction in the same court. Thus, in Minnesota
the judge of probate is petitioned in the organization of cities, as we
have seen. In Wisconsin, the county court, which has charge of the probate
business, has civil jurisdiction also. In Illinois, the county court in
addition to the probate business has jurisdiction "in proceedings for the
collection of taxes and assessments." And in Kansas, the probate court has
jurisdiction in cases of _habeas corpus_.
Procedure in case a Will has been made.--The proceedings of a probate
court have in view two chief objects, namely, to pay the debts of the
deceased and to distribute the remainder of his property among those
entitled to it. In case the deceased has left a will, the proceedings are
as follows:
1. _Petition for probate._ Within a short time, usually thirty days, after
the death of the testator, the executor or other custodian of the will
presents it to the probate court with a petition that it be admitted to
probate. (For form of petition, see p. 286.)
2. _Citation to persons interested._ Acting on the petition, the probate
judge publishes in a newspaper a notice to all persons interested in the
estate that at a specified time, action will be taken on the petition. To
afford all who are interested an opportunity to be present at the
"hearing," the notice must be published for a prescribed time, and in some
states each of the heirs must, if possible, be personally notified.
3. _Hearing the proofs._ At the time specified in the notice, unless
postponement be granted for cause, the proofs of the validity of the will
are presented. It must be shown that the testator is dead, that the
instrument was executed by him voluntarily, in the manner prescribed by
statute, and while he was of "sound mind and disposing memory." Usually it
will be sufficient for the two witnesses to the instrument to appear and
testify to the material facts. If any one interested in the distribution
of the property thinks that this will should not be accepted as the "last
will and testament" of the deceased, he should now enter objections. In
case of a contest, the proceedings are about the same as those in a
justice or circuit court; but there is no jury in the probate court, nor
is there any plea
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