Validating a scottish will after death
Of course, once a Last Will and Testament is filed for probate with the appropriate state court, it becomes a public court record for anyone to see and read.In certain circumstances, such as in the case of a famous or infamous Testator, the beneficiaries of the Will can request that the probate judge seal the probate court records to prevent the general public from viewing the Will and other probate documents, but the probate judge will grant this request only in rare situations, such as in the case of Michael Jackson's estate - his court records have been ordered to be sealed.If the estate attorney anticipates that a will contest will be filed to challenge the validity of the Testator's Will, then, in addition to the actual beneficiaries named in the Will, the estate attorney may choose to send a copy of the Will to the heirs at law of the Testator who are not named in the Will or to the beneficiaries named in the Testator's prior Will.This will serve to limit the amount of time that the disinherited beneficiaries can file a will contest for a specific period of time.Filing the will as soon as reasonably possible after the testator's death has two advantages: it sets the probate process in motion more quickly, and it ensures probate begins long before any state deadlines.Anyone who has possession of the will may file it with the probate court.
The will may be filed as soon as the testator, who wrote the will, has passed away.
The accountant for the estate must receive a copy of the Will in order to understand any instructions given for paying off the debts of the estate; apportionment of estate and income taxes; instructions on the allocation between estate income and principal; when and if estate accountings need to be given to the estate's beneficiaries and filed with the probate court; and what powers the Personal Representative has in settling and compromising claims filed against the estate and paying estate taxes and income taxes.
If the Last Will and Testament is a Pour Over Will, meaning that the Testator had a Revocable Living Trust that was not completely funded prior to death, and a probate proceeding is required, then the Successor Trustee of the trust must receive a copy of the Pour Over Will.
Once these deadlines have passed and the inventory and bill-paying are complete, the executor may begin distributing the remaining assets to the beneficiaries according to the instructions in the will.
The length of the probate process depends on a number of factors.
This will allow the Personal Representative and Successor Trustee, particularly if they are not one in the same person or entity, to understand how they must work together to settle the Testator's trust and probate estate.