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Guide to Probate and Wills A will is a legal document that states what the person wants to happen after their death in terms of their funeral, care for their children and distribution of their estate. The legal term for someone who dies with a drafted will is dying testate. Dying intestate means that a person died without leaving a will. The name of the executor of the will is mentioned in the will. He is the person entrusted by the dying person with the task of executing the will after his death. Someone close to the family, a relative, a friend of the deceased, or an attorney can execute the will. They are usually referred to as a representative of the estate in probate in a will in order to cover executors of both genders. Estate distribution after the death of the owner is easier when there is a will. 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 reason for this is that the law requires wills to be validated by a court which could take some months to accomplish. 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. This includes, first of all, the payment of outstanding debt to creditors and the payment of outstanding taxes like death and inheritance tax. 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. From the time the executor files for a grant of probate, until it is grant and the estate is divided to its rightful beneficiaries, the probate court oversees the entire procedure.
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Before the executor can be granted probate, he first need to present to the probate court the will registry and a solicitor approved oath. With this oath, the executor is shown to be committed to administering the wishes stated by the deceased in his will. Not until the probate court official appoints the executor as the representative of the estate is probate can he be recognized by law.
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The time it takes to grant probate depends on how properly a will is drafted. Contesting the validity of the will is possible with the same court, if the beneficiaries are not completely satisfied with the decision of the court. Thus, the estate remains frozen until the court makes a validity judgment.