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Probate law is a part of the law that many of us rarely think about, mostly because it is a legal process dealing with a particularly unpleasant reality. Probate law is the area of law which concerns administering estates and handling final wills. A probate is responsible for interpreting the final will of the deceased, naming the executor of the estate, and determines the interests of the heir and any other claimants against the estate. Although it may be uncomfortable to think about, knowing about the law which will govern your estate after you pass away is important for your family and the loved ones you leave behind.
The general requirements for making a will are:
Identifying yourself as the author of the will.
You must make a point of revoking all previous wills and testaments. If you do not specifically include this point, the will only revokes previous testaments if there are any explicit inconsistencies.
You must show that you are legally able to dictate the division of your property, and that you do so by your own choice and without duress.
You must explicitly name an heir or multiple heirs in the document.
You must sign and date the will, with two witnesses who do not stand anything to gain from the will. This ensures that there is no collusion or foul play.
You must sign the document to prove that it is valid.
It's also a good idea to name an executor on the will. The executor is personally responsible for making sure that the instructions your detail in the document are carried out. If there is none named, the probate court will appoint one.
The Duties of an Executor
Executors of wills are responsible for carrying out a range of duties relating to the administration of the deceased's estate, so if you have been named as an executor in a family member's will, it's worth consulting a probate lawyer as soon as possible after your loved one's death.
The responsibilities of an executor usually include collecting the estate's assets, calculating and paying any taxes or other expenses that need to be paid from the estate, and ensuring that the remainder of the estate is divided among the beneficiaries correctly, as set out in the deceased person's will.
There is usually a lot of paperwork involved in administering an estate and it's important to ensure that everything is assessed and divided up accurately and within certain timescales. A probate lawyer will be able to explain the process to you and help you to ensure that you carry everything out correctly.
By consulting a probate lawyer when acting as the executor of someone's estate, you can ensure that the process runs as smoothly as possible, saving time and minimising stressful situations at a difficult time.
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