When a person dies and he leaves properties and estate, somebody needs to take in charge. Most of the time, even before the person dies, he has already made his last will and testament.
The will and testament covers how the deceased wants to divide and manage his estate. There should be someone who has to deal with the estate left. Estate refers to both physical and monetary properties. The court gives authority to someone to manage the estate left of the deceased person. This authority given by the court to a particular person is called probate.
If you are a family member of the deceased person, you can nominate a person to take charge of the estate. The court will have to give that person authority. The Probate Service will grant the authority and a document stating about the authority. The document is called the Grant of Representation.
What the authorised person would do is to collect all the properties, pay any outstanding debt that the deceased person may have acquired, and then whatever is left, distribute it to the people who are entitled to it. The probate service helps manage the estate left.
The Probate Service issues "grant representation" when the deceased person has left a last will and testament. The will and testament should be valid and verified by the court. There should also be an acting executor. In case wherein there is no acting executor of the will, the Probate Service will issue letters of administration with will. If there is no valid last will and testament, the Probate Service will issue Letters of Administration. When you need probate service, you need to contact legal advisers and lawyers.
Please be aware that there are many probate scams out there, particularly online. So don't just trust anyone with the estate. You should be careful and deal only with credible legal advisers. Legal advisers who specialise in probate law will be able to help you learn about issues and concerns regarding probate.
If you don't have a wide background on probate laws, it is just so easy to be a victim of probate scams. Avoid these scams by being knowledgeable as well. Know what probate law is and check the credibility of the so-called legal advisers that you are planning to run to. Ask for suggestion and recommendation from people you know who have also had deceased loved ones who have left estate.
For more details contact the Expert Real Estate / Property Attorneys & Lawyers at :
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