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Probate a will?

In: Probate [Edit categories]

Answer:

Simply to get probate:-

You must be named on the will as the executor of the will or if none is named the court will appoint an executor.
You must have the original of the will
You must have the original death certifficate
You must inventory the estate is worth on the day of death.
You must pay all outstanding income tax owed.
You must settle all the decedent's debts to the day of death.
You pay any death duties that the estate will attract and pay these to the government
You must fill in a government form showing all the above and present this form to the government probate office where you mus swear the accuracy of the form and pay the probate fee.
The form then goes before a probate court which will grant probate after scrutinizing (and maybe challenging) what is presented.
After probate is granted your job as executor is then to settle (pass out the money etc) the estate as the will directs. The probate document gives you the legal authority to do this and you will need to show it to banks, share registrars, land registry etc when you instruct them to do things with the estate.
You need to keep a record of what you have done in case a beneficiary challenges what you have done.

First answer by Fwmh. Last edit by Fwmh. Contributor trust: 979 [recommend contributor ]. Question popularity: 0 [recommend question].

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In Probate Court. This isn't something that an individual can do on her/his own. In England the above answer is not accurate. An individual can take a will to Probate. A personal application can...
Do you have to probate a will?
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What happens to you if you spend money that is in probate before probate closes?
You had better be able to reimburse the estate so that it can be awarded according to the provisions of the will, or face contempt of court or in some states, be liable to the charge of "Wasting the...