Home Probate Law What Should You Know About Wills and Probate

What Should You Know About Wills and Probate

What Should You Know About Wills and Probate

Individuals that have decided to have a will, should seek legal advice on the probate process to avoid any legal complications when the will is administered. For example, a probate will may be challenged on several counts if individuals believe that the benefactors did not write the will or that they were not of sound mind when they wrote the will. There are many other legal complications which can occur during the probate process.

Once a will has reached probate, all challenges to the will should be answered, although the will may be challenged at a later date. The probate process may also be delayed for challenges to the will, especially if the challenges have merit. These complications are often avoided if the writing of the will was videotaped and witnessed, which can alleviate fears about the state of mind of the individual that wrote the will.  

Once the will has been legally upheld, the probate will can be administered.

First, the probate process dictates that all creditors be paid by the estate. For example, a home that has a mortgage must have that mortgage paid before anyone can take possession of that property. Finally, the will can be administered and the instructions as laid out in the will, must be followed exactly. Contact a probate lawyer to consult your case.

The will is used to determine which property is distributed to beneficiaries and in what manner. For example, money may be in a trust which is administered to a beneficiary once they become a certain age or graduate from college.