The Probate Process

Nov 10

Probate can have a number of definitions: it can mean presenting the will to a court officer for filing purposes. But generally, it refers to the legal process by which your estate is administered and managed after your death. It is the legal process by which the court proved the validity or invalidity of the deceased person’s will. It involved collecting the assets, liquidating the liabilities, paying for the necessary taxes, and distributing the property of the deceased person to the respective heirs.

Probate litigation is under the state law. A will is generally not viewed as legal if it was not probated – once the will has been probated, nobody has the right to suppress it. It is the deceased person’s personal representative or legal lawyer who will produce the will, and penalties will be given for concealing or destroying the will, or if it was not produced during a specified time.

A probate of a will can be disputed or opposed – it may be because it did not follow the requirements states by the law, or there is evidence of the deceased person’s incapacity during the making of the will, or if any evidence is presented of the nonexistence of an authentic will. External validity is the only factor that can contest a will, such as the fraud, mistakes or errors, lack of intent that would render the will valid, failure of due execution, or undue influence. The will can only be contested by a person who has an interest and can be affected by the probate, and it is the duty of the personal representative to defend the will when it is contested and to give their best effort to defend it if they believe it is valid.

Although there is no constitutional right to trial by jury for contesting a will, a person can have a right to jury in a contested will through state statutes. According to the Mokaram Law Firm, it is important to know whether your state permits this type of trial, and make sure that the argument is filed according to the time limitations stated by the law.

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