An Introduction To Probate

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Probate can be defined as the legal process whereby the estate of a deceased person is administered, and the ensuing court process which proves a will valid or invalid. When someone dies their estate must go through probate which is a legal process overseen by a probate court. If a person has written a will stating how their property should be distributed once they are dead then the probate court are the authority who decipher if this will should be admitted to probate and therefore have legal effect. If someone dies and has not left a will (intestate) then the court appoints a representative who distributes the deceaseds property accordingly to the law. The laws of descent and distribution state that the assets are to be distributed based upon hereditary succession.

The process of probate includes the collection of the decedents assets, paying relevant taxes, liquidating liabilities and distributing property to heirs. Proving if a will is genuine in court is known as probate of a will. Before a deceased persons property is distributed to the heirs, a will must be admitted to probate. A will generally has no legal value until it is probated. The person who possesses the relevant will should probate the will immediately; this is usually the decedents personal representative or the decedents solicitor. The decedents solicitor is usually from the same area as the deceased, for example, if the deceased lived in Dorset then they would most likely have used a solicitors in Dorset. This solicitor would have strong knowledge of laws relating to the decedents situation, such as probate Bournemouth. Probate proceedings are held in the area that the decedent lived in at the time of their death.

If a will is altered so that all its provisions are revoked it will not be probated. A will can change many times over a persons life time, but the will does not have any effect until a person is deceased. The most recent will shall be used in probate. All individual papers and sheets that make up the most recent edition of a testators will should be admitted to probate. If a later will does not revoke all prior wills then two separate and distinct wills can be probated. A local solicitor such as solicitors Dorset can help rework each updated will and ensure it meets legal requirements and is therefore valid after the persons death.

The original document should be submitted to probate. A copy can be presented providing there is a satisfactory explanation and a thorough search has taken place for the original will. A will that is written in a foreign language should be admitted to probate providing the testator understood its contents and it complies with legal requirements. A translation is usually needed as an accompaniment.


About the Author:
Coles Miller is a leading solicitors in Dorset who have specialists in all legal areas, including probate Bournemouth. See if we can help you today and arrange a free consultation with us.



Article Originally Published On: http://www.articlesnatch.com


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