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What You Need to Know About Probate and Wills A will is a legal document that states what the person wants to happen after their death in terms of their funeral, care for their children and distribution of their estate. Having died testate this means that a person dies with a drafted will. If a person did not leave a will then it is said that the person died intestate. In a will, the name of the executor is mentioned. The executor is the person entrusted to execute the will after the death of the person. This executor can be someone close to the family, a relative, a friend, or an attorney. They are usually referred to as a representative of the estate in probate in a will in order to cover executors of both genders. The presence of a will makes it easier for everybody when it comes to estate distribution. It helps to prevent misunderstanding or disagreement between beneficiaries of the estate when it comes to figuring out the wishes of the deceased. Executing a will may sound easy but it is not. 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. Probate is a legal process where the estate of the deceased person is identifies, validated, and distributed under the strict supervision of the court. In this process, payment of outstanding debt co creditors and payment of outstanding taxes such as death and inheritance tax is included. The function of the probate court is to interpret the will and validate the claims on the estate made by third parties such as creditors of the deceased. They oversee the probate process right 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 beneficiaries.
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The executor will have to first present to the probate court registry the will of the deceased and a solicitor approved oath 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.
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A properly drafted will take the court a shorter time to grant probate. If the beneficiaries are not completely satisfied with the decision of the court, they can contest the validity of the will in the same court. In this case, the court freezes the estate until the validity judgment is decided upon.

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