Posts Tagged ‘Probate’

The Necessity of Probate

// November 3rd, 2010 // No Comments » // State Law

People have a will done so that they can decide what will be done with their property and possessions when they are gone.  They can choose who gets what and what will be done with the money they leave behind.  Before the property of the deceased can be distributed legally, probate must be done.  

This process is done as a way to give those who object to the will their time to state their case.  This is also when other possibilities arise, like another will was made later, maybe at the time of the making of the will the deceased was mentally incompetent or the will is a fraud. Maybe the will was not signed or someone feels the will is a forgery. There is also the chance for other claims which can impact the gifts the beneficiaries would receive.  

In those cases where the estate is smaller, there is a procedure that is less formal but still supervised by a probate court.  When the court finds that the will is valid and there are no objections, the property can then be legally distributed. Probate is done to protect everyone involved and although it may take time, it is the best way to handle those final wishes that someone left behind.