In a testate succession, a petition for probate and possession may send the legatees into possession on the ex parte petition of all legatees if (1) each legatee is competent or acting through a legal representative; (2) each legatee accepts the succession; and (3) none of the creditors has demanded administration.1
As with intestate succession, a surviving spouse may use the petition to obtain recognition of rights in community property.2 Wills must be probated within 5 years of the judicial opening of a succession.3
If the will named a succession representative, that person must join in the petition for possession in order for judgment to be rendered ex parte.4 A simple solution to this requirement is to have the succession representative sign either the verification of the Petition for Possession or an affidavit declining the appointment.