The Meaning of Probate
Almost every adult person has heard a thing or two about probate. However, not everyone knows, or understands what it is. The term probate refers to a legal process, where the assets or estate of a person who has died are distributed. The most notable thing to note about this legal process is that it can only be evoked if there is a valid or legal will. Therefore, it is essential to note that probate is a legal mechanism of dealing with the estate of the deceased under a legally recognized will. Under this process, the will of the deceased is interpreted, and his/her instructions carried out. In other words, in this process, the beneficiaries and the executor are identified and given their share of the property or responsibility respectively.
Important to note about this process is that it can only be evoked if there is a valid will. Therefore, before anything can be done, it has to be proved that the will of the deceased is valid or legal. In other words, if the will is proved to be invalid, probate cannot take place. A will can be invalidated for a variety of reasons; which include insanity or infirmity of the maker at the time the will was executed, lack of witnesses and if it was made under duress among others. All these factors and more are what determines whether the will is or is not valid.
The process of proving the validity of a will and ensuring that the deceased’s instructions are carried out id referred to as probate administration. It is only with this process that the property of the beneficiaries can be retitled. However, before this can take place, all creditors and beneficiaries have to be informed of the date of the meeting at which all matters to do with the will are to be discussed. In other words, they need to be given ample notice, in order for them to be able to prepare for this meeting. The executors might also need to be appointed, especially if they are not mentioned in the will. In addition, letters of administration of the estate may also need to be obtained from the court. All in all, the process is quite long and complicated, especially for one who is not in this field. It is, therefore, often recommended that, for these matters, you should hire a lawyer or attorney, who has experience in these matters.
Also, pertinent to note about probate is that it has its origin in Latin. It has been defined to mean the official “proving of a will”. This clearly rhymes with the above definition of the term probate. It is, therefore, noted that the term refers to a process where a will is proved to be valid and the property of the deceased according to instructions. The crucial thing that should be noted here is that, dealing with the estate of the deceased cannot proceed if the will of the deceased is proved to be invalid.
