Probate is a term used for a legal process in which a will ( Will is also known as Testament, and it is a legally enforceable declaration of that person who wants their property and assets distributed after death) is analyzed to determine whether the declaration is valid and authentic. It is also known as the general administering of a deceased person’s will.
When a person who holds the assets dies, the court appoints either an executor named in the will or an administrator (if there is no will) to administer the process of probate. This process involves a collection of assets of a deceased person to pay any liabilities remaining on the person’s estate and the distribution of assets of the estate to beneficiaries.
It’s a normal question that many people ask after knowing about what is Probate, you understand the working of Probate.
As we know Probate is the analysis of administration and transfer of administration of assets of the estate which is previously owned by a deceased person.
When the owner of property or property holder dies then his assets are reviewed by a probate court. The work of probate court is to provide the final ruling on the division and distribution of assets to beneficiaries.
It’s started by analyzing whether a deceased person has provided a legalized will or not.
In many cases, you can notice that a deceased person already established documentation where all the instructions are present about how his or her assets should be distributed after death.
And also in many cases, the deceased person not leave a will.
Probate with a Will?
A testator is a deceased person who has provided a will and when the testator dies, the executor is who initiates the probate process. The executor is also known as a financial advisor.
For filing the will with the probate court an executor is responsible. States follow different rules for the timeframe in which a will must be filed after death.
After the filing the will initiate the probate process. The probate process is a court-supervised proceeding in which the authenticity of the will left behind is proven to be valid and accepted as the true last testament of the deceased. An executor is appointed by the court which is mentioned in the will, which gives the legal power to the executor.
Maybe you will understand What is probate and How does it work?