Last Will & Testament – Probate Court

A Last Will and Testament. 

A Last Will and Testament is a legal document in which a person names one or more persons to manage his or her estate. In the Last Will and Testament, a person will be able to identify exactly how they would like their property and possessions to be distributed among specific people.

How Does It Work?
In general, a Will has no legal effect until it is probated. It is important to probate a Will as soon as possible. The Will that is submitted to the probate court should be the original. However, even if a Will is lost or misplaced, there may still be a way to probate a copy of the Will. This can usually be done by submitting a petition to the court for approval.

When it comes to probate, appearances are going to need to be made before the court. The death of the testator is going to have to be proven, usually by the use of a death certificate. Someone is then going to need to be appointed as a special administrator.

Probate matters can get fairly complicated, especially if the Will is contested. When there are disputes regarding a Will, the court will have to step in and make a decision. The court will most likely require different motions, oppositions, and replies to be written and heard before the judge. Once all arguments have been heard, the judge will THEN make a decision regarding the validity of a Will.