Probate Court

Probate court is a judicial mechanism through which issues on wills, trusts, guardianships, conservatorships and the estates of living minors or otherwise incompetent persons are administered and decided. For example, a person who takes under a will might be dissatisfied with what he or she was gifted under the instrument. If the deceased person’s will is determined to be invalid, that individual might stand to take far more from the decedent’s estate than if the will stood. That person might file a will contest alleging that the decedent wasn’t competent at the time that he or she executed the will. The probate judge would then be called upon to decide whether the maker of the will was indeed competent at the time of signing the instrument. If it decides that the maker wasn’t competent, the court then rules on who will share in the decedent’s estate. You’ll want your estate plan laid out by a probate law attorney Coral Springs FL to help avoid these types of problems from arising.

Will contests are unusual. When a person dies with a valid will (testate), the probate judge appoints the named executor to distribute the estate. If he or she dies without a will (intestate), the judge will also name an executor, but it could be anybody, even somebody that the decedent wouldn’t have wanted as an executor. Debts are then paid, and assets are distributed pursuant to statute.

After your passing, you’ll want your estate to pass smoothly, without delays or legal issues. By virtue of a revocable living trust, you might be able to avoid probate court completely. Talk to a probate law attorney Coral Springs FL by visiting the website and know more about probate court and your estate. We’re happy to be of help to you in avoiding the entire process.

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