LegalYou: Probate Court

After their time has come, many people leave behind estates, assets, the things they had in life.

A will is the document that instructs who is going to get your property after you pass away. The people receiving your property are called beneficiaries. A personal representative is normally appointed in the will.

Someone in charge of making sure the will’s instructions are followed. The legal process regarding these instructions is called probate. The probate division of court handles these matters and gives the personal representative power to get things done.

Simple enough right? Well, oftentimes it’s not so simple. In fact, many issues and disputes arise in matters of probate. Family members and loved ones may question the validity of a will for a variety of reasons.

If you’re looking to create a will go to LegalYou for all the advice you need. Probate court decides if a will is legal, and if the personal representative is allowed to carry out what the will says.

It oversees the personal representative to make sure everything is going accordingly. Also, the court makes sure any debts owed by the deceased gets paid. Now when someone dies without naming a personal representative to the will, the person who then becomes the legal representative of the deceased is called an administrator. This person is normally the closest living relative and they take on the same role as the personal representative. When someone dies without leaving a will all together, this is called intestacy, and that brings about its own challenges.

When you file through the probate court, you need to provide a few things, including copies of the person’s will, which parties are involved, a list of the beneficiaries, a list of the property involved, and what you specifically wish the court to accomplish. Even with delicate matters such as these, knowing what to do is of the utmost importance.

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