Probate is the legal process of having a will validated by a court. This makes it a valid public document and the deceased’s last wishes.
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Probate
When someone dies, the person who is responsible for managing their estate is called the executor. The executor is typically named in the will, but if there is no will, the courts will appoint an executor. The executor must go through probate court to be officially recognized as the executor and to be able to distribute the estate according to the will or the laws of the state.
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A probated will is important because it establishes the executor as the legal person responsible for carrying out the wishes of the deceased. Probate is the first step in the process of settling claims and distributing the assets of the deceased.
In some cases, a will may not have been created or may not be valid, in which case the assets may become unclaimed property.
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