Probate - when and how to do it

08-10  Source: Network gathering  Views:2 


Probate - when and how to do it

For openings Testament the Official courts.

  • The probate court is the court of competent for the last residence of the deceased. Once the court obtained from the death of the testator regard, it must be determined unless the court a will is kept an appointment to probate.
  • A notary is only insofar involved, as he has built a notarial testament to the deceased and this passed dutifully in the custody of the District Court. Only the district court is responsible for the actual opening.
  • When the date is set, is up to the professional judgment of the Court. He simply needs to take place as soon as possible.
  • Incidentally, the Law determines that anyone who locates a will of the deceased, has this to deliver promptly to the probate court.
  • It does not matter whether the will is valid or has doubts about the validity. This review is the sole responsibility of the probate court.

Probate is a formal concept

  • The Will is the technical legal term that the court officially takes after the death of the testator of the existence of his testamentary disposition knowledge. A locked document is opened and held face Estate Act. The probate experiences usually by the information of the registry office of the death of the testator. Incidentally, you can, if you have reasons for your appointment of an heir, indicate the court upon death.
  • For opening date as the legal heirs eligible persons and recognizable from the disposal involved legatees, executors or beneficiaries edition to be loaded. They are as concerned but not obliged to obey the summons. If you do not appear, you will receive a copy of the will be sent.
  • The court is not obliged to make extensive inquiries for possible heirs.
  • In practice, many probate courts shall refrain from summoning the parties and send them free of charge to the internal opening of a copy of the will.
  • If you have reason to believe that another person is in possession of a will, you can petition the court to get this person to delivery of the will. The withholding of wills is punishable as suppression of documents.
  • With the reading of the will, the Ausschlagungsfrist starts. Within six weeks, you can reject the inheritance.
  • You can also heir to apply for a certificate of inheritance and document your succession.
  • If several heirs exist, you can, however, have only commonly heritage.
  • An opened Testament you can see by the way, when you take a legal interest. When this is the case depends on the contents of the will, or the appearance of your relationship from the deceased.
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