The Importance Of The Probate Will

The will is the final statement of the deceased

, his or her last wish. It states the beneficiaries of the deceased and it is the core of the whole probate process. The existence of a will simplifies things very much during probate.

A probate will must have someone who can administer it. That person is called the personal representative. S/he can be the executor of the will, named by the person who has died, or someone appointed by the Court. If there is no will there is still the need of an administrator to handle all the affairs. S/he too will be named by the Court. The personal representative of the will doesn't need to be some expert in finances. What is requested from this person has more to do with matters of the heart. He or she must be loyal, honest and take everything seriously.

However, this whole business of administering a will isn't obligatory and can be turned down. Hence, if the executor of the will doesn't feel inclined to take up the subsequent responsibilities, the Court may name another personal representative. Nevertheless, one should bear in mind that the executor of the will gets paid. A percentage of the estate's value is considered to be the executor's fee.

Nonetheless, one should know that wills are not invincible. There is the possibility that a will can be contested. The cases when someone objects to a will are rather numerous. In practice, there are small chances that the contestation of a will wins in court. Behind a will contest lurk many unsolved family issues. These conflicts are usually the hardest to settle. Those who object to a will can invoke many reasons such as its invalidity or the existence of a more recent document. Whichever the case it is the Court's job to decide whether or not these claims are founded.

The will is essential in fulfilling the wishes of the deceased and in settling the conflicts among family members. A will is a symbol of clarity, righteousness and benevolence. That is why whoever administers and interprets the will should take the responsibility very seriously. After all, it is the last palpable connection between the deceased and the loved ones.

by: Christopher Smith

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