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The executor may need to be paid for the time they spend on the various tasks associated with probate. If there are any problems or if the executor thinks it is best, a probate attorney may need ...
In common law jurisdictions, probate 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, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
After the testator has died, an application for probate may be made in a court with probate jurisdiction to determine the validity of the will or wills that the testator may have created, i.e., which will satisfy the legal requirements, and to appoint an executor. In most cases, during probate, at least one witness is called upon to testify or ...
The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. [1] Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down by law.
Probate can be an issue if the deceased doesn’t have a will, but it can also come into play even if there is an outline of what to do with the property. This process can be both very lengthy and ...
Probate can be easily avoided with proper planning with a qualified estate planning attorney.” Estates with limited assets may qualify as “small estates” and have fewer requirements.