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Important Information about Wills and Probates 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. Dying intestate means that a person died without leaving a will. 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. Someone close to the family, a relative, a friend of the deceased, or an attorney can execute the will. 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. 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. 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. 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 This includes, first of all, the payment of outstanding debt to creditors and the payment of outstanding taxes like death and inheritance tax. 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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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. 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.