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Probate Services

Probate Services

It is traumatic to lose a beloved. This is even worse when such demise is unplanned, uncontemplated and entirely sudden. This often bring to bear the realization to go through energy sapping rigour of obtaining either probate or letter of administration.

It is for this purpose we often advocate that individuals should be wary of those they put in charge of their valuables and resources. More so, it is very necessary to outline succession plans for all of their properties and not wait for the unknown to happen that may ultimately put the family at logger heads.

Hence, the description of probate is apt here. It is the judicial process whereby a will is “proved” in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence [or real property] of the deceased at time of death in the absence of a legal will.

The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person’s propertyunder a will. A probate court decides the legal validity of a testator‘s (deceased person’s) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor(or personal representative), generally named in the will, as having legal power to dispose of the testator’s assets in the manner specified in the testator’s will. However, through the probate process, a will may be contested

The obvious assets that will need to be probated are those with a title that is in your name only. … Assets that generally do not go through probate are 1) jointly owned assets that transfer to the surviving owner; 2) assets that have a valid beneficiary designation; and 3) assets that are in a trust.

What Is the Purpose of Probate? Probate is the judicial process by which a decedent’s estate is valued, beneficiaries are determined, an executor in charge of estate distribution is declared, and the estate is legally transferred to the determined beneficiaries. An estate can be brought to the Probate Court in 4 ways.