Services – Getting Started & Next Steps

Services – Getting Started & Next Steps

Important Information about Wills and Probates When one makes a will, he makes a legal document, stating the things that he wishes upon his demise when it comes to his funeral, his children’s care and how his estate is to be distributed. The legal term for someone who dies with a drafted will is dying testate. Without a will, however, they are said to be dying intestate. The name of the executor of the will is mentioned in the will. He is the person entrusted by the dying person with the task of executing the will after his death. The person named as the executor of the will can be anybody from a friend, a relative, a close associate or even a lawyer. Those who are named as executor is referred to as a representative of the estate in probate so that it can cover executors of both genders. When there is a will, it will be easier for the family of the deceased person when it comes to estate distribution issues. It helps to prevent misunderstanding or disagreement between beneficiaries of the estate when it comes to figuring out the wishes of the deceased. It is not really as easy as it seems to execute a will. It is because there is still a need for court validation required by law which could delay the execution. The executor first applies for a grant of probate in a probate court to validate the will. When we speak of probate, we refer to the legal process of identifying, validating, and distributing the estate of the deceased person under strict court supervision The probate process also includes the payment of all debts to creditors and the payment of all taxes such as death and inheritance taxes. The special court that interprets the will and validates the claims on the estate by third parties such as creditors of the deceased is the probate court. Their task is to oversee the probate process from when the executor files for a grant of probate up to when it is granted and ownership of the estate is transferred to the rightful beneficiaries.
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Before the executor can be granted probate, he first need to present to the probate court the will registry and a solicitor approved oath. With this oath, the executor is shown to be committed to administering the wishes stated by the deceased in his will. Until the probate court officially appoints the executor as the representative of the estate in probate, he is not usually recognized by law.
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A properly drafted will take the court a shorter time to grant probate. Contesting the validity of the will is possible with the same court, if the beneficiaries are not completely satisfied with the decision of the court. In this case, the court freezes the estate until the validity judgment is decided upon.

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