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When a will is admitted to the courts
to go through probate, it is a legal requirement
that any parties that may want to contest
the will and question the validity of the
will are permitted to do so.
In order for this to happen, the executor
or personal representative of the will may
go through an experienced probate lawyer,
who can then file a petition for the court
along with the will.
The lawyer must also contact all parties that
may have a vested interest in the will that
a petition has been filed and that anyone
wishing to contest the will is able to do
so.
This is not just the people named on the will
as beneficiaries, but also those not named
on the will that may have been legally entitled
to receive property in the event that there
was no will left.
Once this has been done, a date is normally
set for a hearing in relation to the petition.
This can often delay probate proceedings considerably
as the date can be anything from weeks to
a few months from the date that the petition
is filed. In addition, the proceedings can
be further delayed if one of the beneficiaries
or one of the people who may be entitled to
contest the will cannot be located.
It may also be necessary for the witnesses
of the will to be present, in which case they
will also have to be located.
In the event that no objections are received
and the will is uncontested, the probate process
can continue smoothly. The personal representative
or executor is officially appointed, and if
the named person or persons on the will are
not able or willing to perform the duties
of executor or personal representative, an
outside executor is appointed by the court.
Once this has been done, the executor takes
over the proceedings and must look into and
list the assets and liabilities of the decedent.
From thereon the executor assumes responsibility
for all aspects of the will, from checking
on any monies owed on the estate to checking
the validity of any claims made against the
estate. The executor must also take control
of the assets and ensure that everything is
kept in a good state of repair throughout
the proceedings.
Administering the will can be a very lengthy
process, so the executor may have to assume
responsibility for the deceased’s affairs
for quite some time. Throughout the process,
the executor or personal representative must
file reports with the court to account for
monies and assets coming in to and going out
of the estate.
Once all creditors have been made, all due
monies collected, taxed paid up to date, legal
matters dealt with and everything is in order,
the executor can then deal with disbursement
of the estate to the named beneficiaries,
which again must be overseen and approved
by the courts to ensure that the wishes of
the decedent are complied with.
All About Wills
What If Someone Contests a Will?
What Warrants a Valid Will Contest?
What Are the Legal Requirements for a Will?
What is Probate?
Is Probate Necessary?
Can Probate be Handled Without Using the Services of an Experienced Probate Lawyer?
Who is Responsible for Handling the Probate Process?
What Does the Personal Representative Do?
Does the Personal Representative Get Paid?
What If a Personal Representative Does Not Perform Their Duties Properly? |
