Probate of a Will
Once a testator (the person who made the will) passes,
the will must be submitted to probate in order to clear title and distribute
assets under the estate. This is accomplished by the Personal Representative
(who is appointed in the will itself) submitting the will, a petition, and
other documents to the Probate Court in the county in which the deceased was
domiciled in at the time of their death.
Problems often arise during the probate process due to
defects in the will, or ambiguous language. On occasion, a will is challenged
by a beneficiary or heir, that is either unhappy with the contents or the
process that is being used.
Probate of a will can be a simple task if the Personal
Representative receives the proper guidance. Once all the proper notifications
are given and documents are presented to the Court, the Probate Judge will
usually grant Letters Testamentary. These letters allow the Personal
Representative to gather all of the deaceased’s property and distribute it in
accordance to the will.
Once the assets have been distributed, all bills and
taxes have been paid, and court approval of the process has been obtained, the
Personal Representative is released from liability and the probate is closed.
For any assistance in probating a will, or if you are a
beneficiary who would like us to review an estate for a potential will contest,
contact us today to discuss this process.