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The probate court will then oversee the process of distributing the deceased's assets to the proper beneficiaries. A probate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel an executor to give an account of their actions.
Probate is a process where the decedent's purported will, if any, is entered in court, after hearing evidence from the representative of the estate, the court decides if the will is valid, a personal representative is appointed by the court as a fiduciary to gather and take control of the estate's assets,
In 2013, the U.S. Supreme Court adopted a rule, Rule 28.8, that all persons arguing orally must be attorneys, although the Supreme Court claims it was simply codifying a "long-standing practice of the court." [23] The last non-attorney to argue orally before the Supreme Court was Sam Sloan in 1978. [23] [24] Some lawyers, such as University of ...
The probate court has concurrent jurisdiction with the Superior Court over the following: Cases involving charitable uses and trusts, other than express trusts, as that term is defined in RSA 564-A:1, I. Durable powers of attorney under RSA 506:6 and 506:7. Waivers for marriage of minors pursuant to RSA 457:6–457:7.
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.
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