Scope of probate law
Probate law refers to the legal and regulatory framework used to administer the probate process for estates left by a deceased person with no valid will. A probate court, otherwise known as a surrogate court, operates in accordance with probate law and aims to resolve disputes and claims regarding an estate with no valid will. Under probate law, any instructions left by the deceased will be interpreted and an executor will be nominated as the personal representative of the estate. Probate law is broad in scope and it is advised that you speak with a professional consultancy firm or probate lawyer to fully understand the legal implications, restrictions and rights under probate.
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Probate law explained
Probate law will be used in many situations related to the validity of wills and the estates of deceased persons. The following examples are where probate law would come into existence:
- to clear title of property such as land, stocks, savings, bank accounts etc
- to collect debts owed to a deceased person
- to settle disputes regarding estate of a deceased person
- to settle claims made against the estate of a deceased person
- assess the validity of a will of a deceased person
Probate can also decide over matters relating to guardianships, adoptions and marriages however the scope of probate will typically depend on the jurisdiction by which the probate law is enforced in.
Where a probate court decides the will of a deceased person is valid the probate process can take place by which the property held in the will can be distributed to the relevant beneficiaries and property titles can be transferred.
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