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Guide to Probate and Wills 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. 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. 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. It is not really as easy as it seems 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. Probate is a legal process where the estate of the deceased person is identifies, validated, and distributed under the strict supervision of the court. 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. 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. 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. In this case, the court freezes the estate until the validity judgment is decided upon.