A will is a legal document that outlines what you would like to happen after your death in terms of your funeral, the care of your children, and most importantly, the distribution of your estate. When a person dies having drawn up his will, he is said to have died testated in legal terms. The opposite of this would be to die intestate. A will usually specifically names an executor, a person entrusted by the testator with the task of executing the will after his or her death. An executor can be a close family member, a relative, a trusted friend, or even an attorney. An executor is usually referred to as a ‘representative of the estate in succession’ in a will to cover executors of both genders.
A will is very important because it makes things much easier for the family of a deceased person, especially when dealing with property distribution issues. A will reduces the chance of disagreement or misunderstanding between family members trying to figure out the deceased’s death wishes. However, administering a will is not as easy as it seems. This is because the law requires wills to be validated by a court, which could take a couple of months. Probate is done by the executor by applying for a probate grant in probate court.
Probate is the legal process of identifying, validating and distributing the estate of a deceased person under strict judicial supervision. The probate process includes the payment of outstanding debts to creditors and the payment of outstanding taxes, such as death and inheritance tax. A probate court is a special court that interprets the will and validates any claims on the estate made by third parties, such as the decedent’s creditors. The court oversees the probate process from the time the executor applies for a grant of probate to the time it is granted and ownership of the estate is transferred to the beneficiaries.
In order for the executor of a will to obtain probate, they will first have to file the decedent’s will and an oath approved by the attorney with the probate court record. The oath shows that the executor agrees to administer the wishes declared by the decedent in the will. The executor named in the will is generally not recognized by law until the probate court officially appoints him or her as the representative of the estate in succession.
If a will is drawn up correctly, it takes less time for the court to grant the estate. In case the beneficiaries are not completely satisfied with the court’s decision, the probate law allows them to challenge the validity of the will in the same court. In such a case, the inheritance remains frozen until the court issues a judgment of validity. In the event of intestate death, or if no executor is named in a will, the succession grant is called a ‘Letter of Administration’. It is also acquired through a judicial process and is granted to the person that the court considers most suitable to make a will or distribute the inheritance.
A will or estate attorney is a trained professional who provides legal services to an executor. Such a professional helps the executor to fulfill the duties assigned to him by the will. An attorney may be hired to offer advice or represent the executor in probate court. They can also help with the payment of estate and death taxes.