2007-07-20 16:53:20 · 4 answers · asked by staceyls505 2 in Politics & Government ➔ Law & Ethics
File the will with the court and the executor follows the deceased's written instructions as to the distribution of property to the proper people as per the terms of the will. Once all the property has been distributed, you notify the court that the will was executed properly.
2007-07-20 17:02:47 · answer #1 · answered by lcmcpa 7 · 0⤊ 0⤋
In most states, the court that supervises the administration of the estate of a decedent (or a minor or incompetent) is called the Probate Court.
In terms of a will, a will is "admitted" into probate when it is filed with the Probate Court and the Probate Court decides that it appears to be a valid will -- that is in proper form and signed by the deceased in front of the statutory number of disinterested witnesses (normally two or three depending on the state).
Once the will has been admitted to Probate, an individual (typically the one named in the will) is appointed to administer the estate and notice is given to all legal heirs and persons named in the will that it has been filed. This notice starts the clock on the ability of someone to file a claim that the will is invalid for some reason not readily apparent from its face (e.g. a claim that the will was the product of mental illness or coercion). Only after time has expired for a will contest is the estate distributed in accordance with the terms of the will.
2007-07-20 17:02:24 · answer #2 · answered by Tmess2 7 · 0⤊ 0⤋
"Probate" is the process of having a special court assigned to assure that the will of the decedent is followed and carried through and in the absence of a will, that the decedent's property and money passes under what are called intestacy statutes.
An intestacy statute acts as a "default" will in order to make sure that heirs of the decedent inherit their share of his or her estate.
To Probate a Will means to petition a probate court to admit the will and administer the decedent's property according to that will or under the intestacy statutes in the absence of the will.
Hope that answers your question.
2007-07-20 16:57:15 · answer #3 · answered by krollohare2 7 · 0⤊ 0⤋
It means the lawyers steal all the money.
2007-07-20 16:57:54 · answer #4 · answered by Flyflinger 5 · 1⤊ 0⤋