Where you have a lost a loved one and they left a will behind, you will be introduced to the word probate. Therefore, there is need to determine what is a probate. Generally, a probate is the court order granted to the will executor who was assigned by the deceased to be able to follow the guidelines or the wishes availed by the deceased or the testator in their will. In simpler terms, it’s through the probate that an executor is confirmed. The person who receives the probate is responsible or in charge of the estate and will ensure to distribute all the assets to all the will beneficiaries.
Nowadays, there are so many people who don’t understands why a probate is necessary and they overly neglect it. Basically, the court of law should first confirm and prove that a person is dead or rather that a testator is dead before the will could be legally validated and the executor issued a probate. Therefore, if a testator left behind a will, the probate is inevitable.
The other fundamental definition that probate denotes is the process which an executor follows legally before the will could be authorized or could be accepted by the court of law. Majority of the populaces share a misconception that the deceased will becomes validated and effective as immediate as after the death. A good example is if the testator had some good money in the bank; before accessing it, the executor needs a prostate.
There are scenarios where the probate becomes gratuitous. The first scenario is if the deceased didn’t leave a will whatsoever. If such is the case, another process is necessitated. There are other instances where a probate might be unnecessary where the estate owned by the deceased was small and there were no real estate or something.
It’s only that person or those persons that has been appointed by the deceased that are obligated to apply for a probate. A probate attorney who has been hired by the executor could also apply for the probate on behalf of their client. It is after the probate has been applied for and granted by the court of law that a will and all the terms and conditions therein are legally validated and authorized.
Where you need to have authority over the will of a deceased as an executor, you should consider applying for a probate. Delays when applying the probate will always reflect when it comes to distributing the assets as per the wish of the testator as bit will be delayed. With the probate, the executor is legally endorsed to fit in the shoes of the testator and effectively or execute the wishes of the testator.