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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 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. This executor can be someone close to the family, a relative, a friend, or an attorney. They are usually referred to as a representative of the estate in probate in a will in order to cover executors of both genders. 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 easy, however, 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 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. 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 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. 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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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. With this oath, the executor is shown to be committed to administering the wishes stated by 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 completely satisfied with the decision of the court, they can contest the validity of the will in the same court. Until the court makes a validity judgment, the estate remains frozen.

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