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A will is a legal document that states what the person wants to happen after their death in terms of their funeral, care for their children and distribution of their estate.  The legal term for someone who dies with a drafted will is dying testate.  If a person did not leave a will then it is said that the person died intestate.  In a will, the name of the executor is mentioned.  The executor is the person entrusted to execute the will after the death of the person.  This executor can be someone close to the family, a relative, a friend, or an attorney.  The name given to probate is representative of the estate in probate in a will so that they can cover executors both male and female.

 

Estate distribution after the death of the owner is easier when there is a will.  It reduces the possibility of disagreement or misunderstanding between family members when they are trying to figure out the death wishes of the deceased.  Executing a will may sound easy but it is not.  It is because there is still a need for court validation required by law which could delay the execution.  The executor validates the will by applying for a grant of probate in a probate court.

 

Probate is a legal process where the estate of the deceased person is identifies, validated, and distributed under the strict supervision of the court.  In this process, payment of outstanding debt co creditors and payment of outstanding taxes such as death and inheritance tax is included.  The function of the probate court is to interpret the will and validate the claims on the estate made by third parties such as creditors of the deceased.  From the time the executor at http://www.freedomlaw.ca/#!labor-employment-law files for a grant of probate, until it is grant and the estate is divided to its rightful beneficiaries, the probate  court oversees the entire procedure.

 

The executor at http://www.freedomlaw.ca/#!criminal-law will have to first present to the probate court registry the will of the deceased and a solicitor approved oath before he can be granted probate.  This oath will indicate the commitment of the executor to administer the wishes of the deceased in his will.  Not until the probate court official appoints the executor as the representative of the estate is probate can he be recognized by law.

 

 

The time it takes to grant probate depends on how properly  a will is drafted.  If the beneficiaries are not happy with the distribution, they can actually file with the same court a case contesting the validity of the will.  Thus, the estate remains frozen until the court makes a validity judgment.