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Important Information about Wills and Probates 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. Dying intestate means that a person died without leaving a will. The will mentions the name of the executor. He is the person entrusted by the dying person with the task of executing the will after his death. This executor can be someone close to the family, a relative, a friend, or an attorney. 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. The reason for this is that the law requires wills to be validated by a court which could take some months to accomplish. The executor validates the will by applying for a grant of probate in a probate court. 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 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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Before the executor can be granted probate, he first need to present to the probate court the will registry and a solicitor approved oath. 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. Until the court makes a validity judgment, the estate remains frozen.