A Last Will and Testament is a legal declaration 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 state how they would like their property and possessions distributed.
-It is a general rule that the Will has no legal effect until it is probated. It is important to probate a Will as soon as possible. This would need to be done by the personal representative of the decedent. It is important to remember that the Will which is submitted to the court should be original. However, even if a Will is lost or misplaced, there may still be a way to probate a copy of the Will.
-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. A person(s) will be appointed as personal representative or administrator of the estate.
-Probate matters can get fairly complicated, especially if the Will becomes contested. When there are disputes against the Will, the court will have to step in and make a decision. This may require different motions, oppositions, and replies to be written and heard before the judge. Once the judge has heard the arguments, then they will be able to make a decision that is best for the estate.
Dealing with probate is not always easy. In order to ensure that you are following all of the statutes correctly, it would be beneficial to have an attorney working for you. Our law office has more than 45 years of experience to help every situation.
Ready for effective, immediate action for your probate matter? Contact Drizin Law at 702-798-4955 to speak with an attorney today.