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Guide to Probate and Wills When a person dies he usually leaves a will which is a legal document stating the deceased wished when it comes to his funeral, care for his children, if they are still young, and how his property is to be distributed to his loved ones. 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. The will mentions the name of the executor. An executor’s job is to execute the will of the deceased. This executor can be someone close to the family, a relative, a friend, or an attorney. The name given to probate is representative of the estate in probate in a will so that they can cover executors both male and female. Estate distribution after the death of the owner is easier when there is a will. It reduces the possibility of disagreement or misunderstanding between family members when they are trying to figure out the death wishes of the deceased. It is not really as easy as it seems to execute a will. The execution of the will can be delayed because according to law, there should be a court validation before a will is executed. 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 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.
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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. The person named as executor is not recognized by law until the probate court officially appoints him as the representative of the estate in probate.
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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. In this case, the court freezes the estate until the validity judgment is decided upon.

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