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When a person dies with a will, their property must go through the process known as probate. Probate is the legal procedure that validates a will and its effects. If you’re named as an executor in someone’s will, it means that they trusted you to oversee the execution of their final wishes regarding their estate after they pass away. To do this, you need to file their will with the court and prove that they are dead. Once those conditions have been met, you can proceed with probating their will and distributing their property accordingTo the law, only specific people are permitted to execute wills. They must be at least 18 years old and mentally sound when signing it. In addition, there are some documents required for probate of wills . These include:
The Last Will and Testament
A will is a legal document that states how a person’s property will be distributed after their death. If there’s a will in place, the probate process will be much less complicated. The executor who is named in the will is responsible for carrying out its instructions. A will is valid if it’s signed and witnessed by 2 people. The witness must be at least 18 years old, mentally sound and not an heir in the will. It’s a good idea to keep a copy of your will in a safe place, separate from the original. That way, if the original is lost, you have a copy to fall back on.
A Certificate of Death
First, you need to prove that the deceased is actually dead. This is done by obtaining a death certificate issued by the local Department of Health. The doctor who performs the autopsy will also fill out a death certificate. It’s important to remember that there are 2 types of death certificates: “Probate” and “Non-Probate.” A “Probate” death certificate is issued when an individual dies without a will. It’s used to distribute his/her property according to the state’s laws. A “Non-Probate” death certificate doesn’t require probate because the deceased left a valid will. It’s used to distribute his/her property according to the terms in the will.
A Certificate of Probate
Heirs are responsible for filing a “Petition to Initiate Probate” at the court. This is the main document required in probate of wills. The court will review the petition to see if everything is in order. The petition must include the following items: – A copy of the will – A death certificate – A statement of the value and nature of the decedent’s property – A list of the heirs or their representatives – A list of all creditors – A statement of all debts and legacies – An inventory and appraisal of the property
An Inventory and Appraisal
The inventory and appraisal form details the exact value of all the property in the estate. It includes information about the decedent’s real estate, personal property, stocks and bonds. The appraiser must provide an estimate of the current value of the property.
Conclusion
Probate is a legal procedure that validates a will and its effects. When a person dies with a will, their property must go through the process known as probate. To do this, you need to file their will with the court and prove that they are dead. It’s important to remember that there are 2 types of death certificates: “Probate” and “Non-Probate.” A “Probate” death certificate is issued when an individual dies without a will. It’s used to distribute their property according to the state’s laws. A “Non-Probate” death certificate doesn’t require probate because the deceased left a valid will. It’s used to distribute their property according to the terms in the will.
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