except the petition.
4. _Admission to probate._ If the proofs are satisfactory to the court,
the will is "admitted to probate," that is, it is accepted as true and
valid. Its validity is established by a decree of the court, and a
certificate of the fact is attached to the will. A copy of the will is
made in a book kept for the purpose. The original and all the papers in
the case are filed and preserved by the judge of probate. (See pp. 287 and
288.)
5. _Issuance of letters testamentary_. The genuineness of the will being
established, it is now in order to carry out its provisions. Usually the
testator designates in his will the person or persons whom he wishes to
act as his representative in the settlement of the estate. Such a person
is called an "executor." If no person is so named, the court appoints an
"administrator with the will annexed." In either case the person derives
his authority from the court. Unless excused in the will, the executor or
administrator is required to give bonds proportioned to the amount of the
personal property in the estate, the amount of bond being specified by the
court. The executor is then furnished with a copy of the will and with
"letters testamentary." (The authority granted by the letters may be seen
by reference to the form in the appendix, p. 288.)
6. _Notice to creditors_. It is a principle of law that all just debts
shall be paid out of one's property before any further disposition thereof
can take effect. In order that all persons having claims against the
estate of the deceased may have an opportunity to present their accounts,
a time for such presentation is designated by the court, and due notice
thereof is given, usually by publication in a newspaper.
7. _Inventory of the estate_. In the meantime, the executor makes an
inventory of the property, and appraisers appointed for the purpose "put a
value" thereon, the several items of the inventory being valued
separately.
8. _Auditing claims._ At the time appointed in the notice, the court
passes upon the claims of creditors. Since unscrupulous persons are at
such times tempted to present fraudulent claims, the judge exercises great
care in examining the accounts. To facilitate matters it is required that
accounts be itemized, and that they be verified by oath.
Debts are paid out of the personal property, if there be enough. If not,
the court authorizes the executor to sell real estate to pay the balance.
9. _Set
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