Probate is a process which takes place when a person dies. In case there is a will left by a decedent, the court must respect his or her decision. In this way, the judge will decide what must be done to the assets according to the will. If a person dies without leaving his will, the court must refer to the probate laws. The distribution of property will be bases on hereditary succession.
The probate process is about collecting testator’s assets and distributing property to heirs.
The probate of a will
This means that the will must be proved in a court. Otherwise the heirs mentioned in the will have no legal rights for the assets until the court admits the genuineness of the document. The will must be probated as soon as possible after the testator’s death. The person who represents his or her will on the court is either personal representative or an attorney.
A will that has been changed so that all its statements have become invalid will be denied probate. If the change concerns only particular statements, the rest of them must be probated. The documents that will be probated may involve all the recent papers that include the testator’s wills. Probate court’s task is to figure out what intentions the testator had for his assets by seeking all the necessary information in documents and other papers left by them. The court chooses to distribute a property according to the laws if there are no alternatives.
As a rule, the document presented to the court must be original. A copy of a will may be denied to probate unless there are some reasonable explanations for that. If a probate attorney proves that the original will has been destroyed or it is impossible to represent it on a trial due to some particular reasons, it may be probated.
Some states have special laws according to which they can deal with such situations. Before the will is admitted to be lost, the thorough search must precede the trial.
In case the will has been made in a foreign language, it will be probated if the testator understood it. The will must be accompanied by a translation.
What is the probate lawyer’s task?
The probate lawyer is a person who is supposed to carry you through the whole probate process. The procedure depends on the country and the region where the testator died. Whether the person has or has not left the will also matters, as in different cases there will be different kinds of processes. That is why the probate lawyers have to be knowledgeable of the laws of particular country or state.