You will first come across the word probate where you have lost a loved one or a close friend who named you as their estate executor. However, what is a probate? Basically, a probate is the court order or the authorization availed to the will executor who was assigned by the deceased so as to effectively implement or observe the wishes of the testator or the deceased. In simpler terms, it’s through the probate that an executor is confirmed. The person who receives the probate is responsible or in charge of the estate and will ensure to distribute all the assets to all the will beneficiaries.
Many people are prone or have the tendency of neglecting the power and the overall necessity of a probate. Basically, the court of law should first confirm and prove that a person is dead or rather that a testator is dead before the will could be legally validated and the executor issued a probate. Therefore, if a testator left behind a will, the probate is inevitable.
Probate can also be referred to as the legal process that the beneficiaries undergo before the terms and conditions of the will can be in effect. Majority of the populaces share a misconception that the deceased will becomes validated and effective as immediate as after the death. For instance, where you need to access the money in the bank that the testator lefty behind, the executor needs to have a probate first.
There are instances where probate might be unnecessary. One, it’s where a person dies without writing or leaving behind a will by all means. If such is the case, another process is necessitated. The second instance or scenario where a probate is superfluous is where the deceased had a small estate lacking any real estate for division.
Legally, only the executor who is assigned by the deceased or if there were multiple executors assigned who are supposed to apply for a probate. However, where the executor hires a probate attorney, their attorney could help apply for the probate as their representation or rather on their behalf. It necessitates that the executor applies for a probate and After it has been granted, the will becomes effective and all the wishes of the testator could be followed to the latter.
For an executor to have full mandate or authority over the wishes of the testator, they should consider applying for a probate. Where you employ delays before you could apply for a probate, you will also experience delays before the wishes on the will could be authorized or effected. With the probate, the executor is legally endorsed to fit in the shoes of the testator and effectively or execute the wishes of the testator.