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What Does Probate A Will Mean?

Probate happens after someone has died, and it means the legal transference of the title of property from the deceased to the heirs and beneficiaries of the deceased. The entire process is supervised by a court to ensure that everything goes smoothly and there is nothing untoward happening. Probate isn’t just about making sure that possessions are given to the right people; it can also include confirming that the estate can pay off all debts and taxes, confirming the validity of the will, and settling any disputes that may have arisen.

It is much easier (although not necessarily easy) to complete probate if the deceased has written a will. There will be an executor, and that person will have the task of dealing with the will and everything in it. They will need to pay the debts and taxes, and they will need to distribute the deceased’s assets. If there is no executor named, one can be appointed after the testator’s death – family members can do this, or the court can appoint one. Once the executor is in place, they must submit the will to the probate court. Assuming the will is not disputed and the estate is a simple one then probate can begin.

It is a more difficult matter to deal with if there is no will. Probate will take a lot longer, for example. The first thing that needs to happen is that there will be an administrator appointed by the court – this person is instead of an executor. This person will need to deal with debts and taxes and then distribute what is left of the estate according to intestacy laws. If there is no family, then the remainder of the estate will need to be passed instead to the Treasury.

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