There is a lot of confusion concerning the probating of a will. Many feel that just because you have a will you do not have to go through the process of probating a will. That is not the case. In order to have any legal affect, a last will and testament must be probated in the county in which the decedent resided at the time of his or her death or in some instances where he or she owned property. The probate process is usually a straight forward process in which the will is proven to the probate court to be the true last will and testament of the decedent. The probate court then issues what are called “Letters Testamentary” granting the powers to the executor named in the will to carry out the terms of the will. These powers include the payment of the debts of the estate, payment of any taxes owed and distribution of the decedent’s assets according to the terms of the will. While the probate process is not always complicated, it is best to hire an experienced attorney to make sure that the process goes as smoothly as possible. The fees are usually quite reasonable.
Randy Young, Attorney at Law has been creating wills, and assisting families in the process of probating or administering estates, and establishing guardianships and conservatorships for over 40 years. Please contact him below and he will be glad to meet with you and answer any questions you may have.
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