Guide to Probate and Wills

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When a person dies he usually leaves a will which is a legal document stating the deceased wished when it comes to his funeral, care for his children, if they are still young, and how his property is to be distributed to his loved ones.  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.  This executor can be someone close to the family, a relative, a friend, or an attorney.  Those who are named as executor is referred to as a representative of the estate in probate so that it can cover executors of both genders.

Estate distribution after the death of the owner is easier when there is a will.  Edmonton Probate and Wills 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 execution of the will can be delayed because according to law, there should be a court validation before a will is executed.  The executor validates the will by applying for a grant of probate in a probate court.

The legal process of identifying, validating, and distribution the estate of the deceased person under strict court supervision is what we refer to as probate.  This includes, first of all, the payment of outstanding debt to creditors and the payment of outstanding taxes like death and inheritance tax.  The function of the probate court is to interpret the will and validate the claims on the estate made by third parties such as creditors of the deceased.  Their task is to oversee the probate process from when the executor files for a grant of probate up to when it is granted and ownership of the estate is transferred to the rightful beneficiaries.

The Edmonton Criminal Law executor will have to first present to the probate court registry the will of the deceased and a solicitor approved oath before he can be granted probate.  With this oath, the executor is shown to be committed to administering the wishes stated by the deceased in his will.  The person named as executor is not recognized by law until the probate court officially appoints him as the representative of the estate in probate.

The time it takes to grant probate depends on how properly  a will is drafted.  If the beneficiaries are not happy with the distribution, they can actually file with the same court a case contesting the validity of the will.  Thus, the estate remains frozen until the court makes a validity judgment.


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