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The testator is the person who makes the will and the person on whose behalf an executor acts during probate. If the executor of a will passes away before the testator, then a new one can be named.
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.
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.
In jurisdictions which have adopted the Uniform Simultaneous Death Act, or the 1991 version of the Uniform Probate Code (but not the previous Uniform Probate Code), any devisee who dies within 120 hours after the testator is legally considered to have died before the testator. In such jurisdictions, only a devisee who survives more than 120 ...
The probate process for the deceased person’s portion typically takes 3 to 24 months, even with a valid will in place. During this time, the court oversees distributing that portion according to ...
What Happens To a Person’s Debt After They Die? When someone dies, all of their financial and non-financial assets are referred to as their “estate.” ... The local probate court will take ...