The 10 Best Resources For Professionals

Guide to Probate and Wills 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. If a person does with a drafted will he is said to have died testate. If a person did not leave a will then it is said that the person died intestate. The name of the executor of the will is mentioned in the will. The executor is the person entrusted to execute the will after the death of the person. 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. The presence of a will makes it easier for everybody when it comes to estate distribution. The presence of a will prevents conflict, misunderstanding, or disagreement because the division of the estate is clearly stated in the will of the deceased. It is not easy, however, 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. The legal process of identifying, validating, and distribution the estate of the deceased person under strict court supervision is what we refer to as probate. This includes, first of all, the payment of outstanding debt to creditors and the payment of outstanding taxes like death and inheritance tax. The probate court is a special court that interprets the will and validates any claims on the estate made by third parties such as creditors of the deceased. 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.
5 Key Takeaways on the Road to Dominating Lawyers
The will of the deceased and a solicitor approved oath has to be first presented by the executor to the probate court before he can be granted probate. This oath will indicate the commitment of the executor to administer the wishes of the deceased in his will. Not until the probate court official appoints the executor as the representative of the estate is probate can he be recognized by law.
The Ultimate Guide to Attorneys
The time it takes to grant probate depends on how properly a will is drafted. If the beneficiaries are not happy with the distribution, they can actually file with the same court a case contesting the validity of the will. Thus, the estate remains frozen until the court makes a validity judgment.