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What You Need To Know About Real Estate Law In most cases, real estate law covers a vast and complex concepts that it is advisable to hire an attorney to help you out. In addition, it is also quiet normal that one country has different real estate law from another. One of the most common questions when it comes to real estate law is the process of probate and wills. Defining a Probate Probate is a legal process that takes place after a person dies. Typically, the this includes:
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o To prove in court that the deceased person’s will is valid.
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oIdentifying and creating an inventory of the deceased person’s property oWhen the deceased person’s property needs to be appraised. oPaying taxes and debts for the property. oDistribute the remaining properties as what the will dictates. Usually, taking care of the probate process requires plenty of paperwork and even court appearances. The whole process will be overseen by a probate court. Once a deceased person dies and has left a will, it is the job of the probate court to prove the legitimacy of the will and when it will take legal effect. Finally, if ever the deceased has not left a will, the probate court will appoint a legal personal representative who will be tasked distribute the deceased property’s that is according to the Descent and Distribution law. This law will determine the distribution of assets according to the hereditary succession. How Does Probate and Wills Work? After your death, the person whom you named as the executor of your will – or if you die without a will, the court will appoint an executor- will file papers at the local probate court. The executor must prove the validity of your will and present the court with the list of your property and debts, as well as, who will inherit anything that you have left. It is also during the probate process when relatives and creditors are legally notified of your death. The probate process will typically take at least a year, during this time, the executor must find, secure, and manage the assets that you have left behind. Depending on the contents of your will or the amount of the debt that you have, it is also the executor’s job to decide if they must sell your property or not. As a general rule, a will does not have any effect until it is submitted and approved by the court. If your assets are large, complicate, and you feel that it may cause problems to your loved ones once you passed away, it is best to hire a lawyer to help you out. This will help ensure that everything and anything that you have left behind will go to the right person.

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