What Is a Grant of Probate?

A grant of probate is a document that the executor of a will tries to obtain from a probate court. This is a document that certifies that a will is valid and enforceable. The executor of the will have to give this document before they can go on with the process of taking care of the estate.

Probate

When an individual dies with a will, they will choose an executor for their estate. The executor have to take the will to probate court and file the appropriate probate forms. The executor will then have to attend a court date and present the will to the probate judge. The probate judge will examine the will and determine if it is a valid contract. If the judge determines that it is valid, they will issue a grant of probate which certifies that it is enforceable.

Executor Responsibilities

Once the grant of probate is issued, the executor of the will can move on with the process of transferring assets. It is up to the executor to file the necessary tax returns and pay any debt out of the estate of the deceased. Then they can take the remaining assets and pass them on to the beneficiaries.

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