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Does a will pass through probate?

Does a will pass through probate?

When individuals plan for the administration of their estate, they can use various methods to do so. This can include a will, trust or other means. During this decision-making process, the individual should be in a clear state of mind. They should not be suffering from anything that can hinder their decision-making. They should not be coerced in any way by another party. Probate is a process that is used to prove the validity of a will. Before the assets in a will are distributed, the will has to pass through probate to ensure its legality. The process of probate determines the validity of a will so that the court follows the guidelines laid out in it. When individuals sign a will, there must be witnesses present and the document should be notarized. This further proves that the document is valid.

When the individual dies, someone must file the will in the Surrogate’s Court of the country where the deceased person resided. This individual is usually the person who is named as the executor of the will. They are most often named in the will by the deceased individual to complete the tasks that are left behind. A valid will is important to determine how your estate will be administered. Without a valid will, your possessions may be under the government’s authority to disperse.

What is included in a will?

Wills are a useful tool to plan for the administration of a deceased person’s estate. By having their wishes laid out in a will, their loved ones can take the proper steps to ensure that their wishes are carried out. In this legal document, an individual can name someone as their executor. This person will take on an integral role in the estate administration process. The will-maker can also name people to be their beneficiaries. These beneficiaries will benefit by receiving an asset that was considered to be part of the deceased’s estate. The deceased individual will have already said what assets they want to be distributed to their loved ones. They should plan for their valuable assets to be taken care of.

The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.

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