Wills and estates are managed by the probate courts. A will is a legal document that provides instructions to whom the property owned has been divided between. In cases where a person dies before writing a Will, a living trust may be appointed to hold title to the property until a Will is executed. In most cases, a probate court determines if the will was properly executed and interprets the terms of the Will.
In most states, probate is a part of regular litigation as explained by an elder law and probate lawyer in Miami. The process is overseen by a Probate Court that consists of an Appellate Department and a Registry of Probate judges. There are many different kinds of probate, including simple wills, powers of attorney, and even real property trusts. Many times there are co-owners or beneficiaries with an interest in the estate who are not named as a named testator.
In some states, there is a forced heirship provision that allows one or more of the named testators to control the estate without actually being there. For instance, in California, there is a future annuity clause that provides that the testator of the will receive a lump sum if another person predeceases him or her. If a Will list someone as a beneficiary of the estate and he or she dies, the estate is then distributed according to the state probate code. If there is a co-owner or beneficiary, then the state probate code determines who is entitled to the assets.
In general, all of the English law probate systems use different terminology and rules. Most of the English laws on wills and probate are based on equity. English law recognizes that there are several types of entities such as individuals, corporations, partnerships, associations and trusts. There are also several kinds of individuals such as married couples, one spouse, individuals with dissimilar interests and same-sex couples. For example, a partnership that has one owner and several members may be considered a partnership for the purpose of probate under the laws of many English jurisdictions.
It is easy to locate probate documents for estates in probate court. In fact, if you are researching probate of wills online, it would be helpful to have some of these records on hand so that you can make sure that you are accessing the right will for your situation. Probate of Wills documents are available for purchase from most libraries and from the offices of attorneys who specialize in estate planning. It would also be helpful to contact an attorney who specializes in estate law to discuss the importance of properly completing and executing your Will.
Probate of Wills documents are vital to protect your loved ones and to document the passing of your estate. Therefore, it is very important to learn how to properly execute your Will and to always select a qualified attorney to handle the entire process of your Willing Wills and Power of Attorney. If you are finding that your estate is in need of probate, do not wait – get started today! Contact a probate attorney today. To learn more about elder law and probate, click here.