The Responsibilities Of The Probate Court

The Probate Court deals with different matters among which we find wills and estates

. The Court makes sure that the transfer of the estate of the person who died to his or her beneficiaries is done legally and rightfully. In addition to that, the Court acts as a mediator whenever there is a conflict going on. For example, if someone contests the validity of the will or its executor, the Probate Court is specialized in deciding whether or not the grounds for contestation are valid.

The probate lawyer presents the Court a probate petition. The Court hearing takes place a few weeks after the filling of the petition. At that hearing, the judge will decide who will be the personal representative of the will and whether or not the will is valid. The Court will ask for accounting reports from the personal representative. At the same time, the latter must present the Court the proof that all debts and taxes have been paid. All this should be done before giving the heirs their share of the estate.

The Court is the only one that allows the property to be given to its new beneficiaries. It makes sure that the personal representative does his or her job right. The latter has to get the Court's permission before s/he can give any inherited goods to their heirs or in order to pay fees or make any expenses. What is more, the Court keeps and safeguards all the estate documents and other relevant papers.

The Probate Court stands as a symbol of protection of the beneficiaries. The Court defends the close tie between the deceased and his or her heirs, making sure that the former's wishes are honored. What is more, the Court ensures that any claim concerning the distribution of the property is taken into account and judiciously considered. This way, all conflicts are settled rapidly and easily.

Without the Probate Court the problems that could occur alongside the execution of a will would not have an easy, legal solution. The Court works side by side with the people, in their interest. We cannot take our possessions with us when we are gone, but we can leave them to the loved ones. The Probate Court is there to make this happen.

by: Christopher Smith

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