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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. If a person dies with a drafted will, they are said to have died testate in legal terms. 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. 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. It reduces the possibility of disagreement or misunderstanding between family members when they are trying to figure out the death wishes of the deceased. Executing a will may sound easy but it is not. The execution of the will can be delayed because according to law, there should be a court validation before a will is executed. In order for the executor to validate a will, he has to apply for a grant of probate in a probate court. 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. From the time the executor files for a grant of probate, until it is grant and the estate is divided to its rightful beneficiaries, the probate court oversees the entire procedure.
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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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It takes the court a shorter time to grant probate if the will was properly drafted. 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. Until the court makes a validity judgment, the estate remains frozen.