What Happens If The Will Is Uncontested?
When a will is admitted to the courts to go through probate, it is a legal requirement that any parties that may want to contest the will and question the validity of the will are permitted to do so.
In order for this to happen, the executor or personal representative of the will may go through an experienced probate lawyer, who can then file a petition for the court along with the will.
The lawyer must also contact all parties that may have a vested interest in the will that a petition has been filed and that anyone wishing to contest the will is able to do so.
This is not just the people named on the will as beneficiaries, but also those not named on the will that may have been legally entitled to receive property in the event that there was no will left.
Once this has been done, a date is normally set for a hearing in relation to the petition.
This can often delay probate proceedings considerably as the date can be anything from weeks to a few months from the date that the petition is filed. In addition, the proceedings can be further delayed if one of the beneficiaries or one of the people who may be entitled to contest the will cannot be located.
It may also be necessary for the witnesses of the will to be present, in which case they will also have to be located.
In the event that no objections are received and the will is uncontested, the probate process can continue smoothly. The personal representative or executor is officially appointed, and if the named person or persons on the will are not able or willing to perform the duties of executor or personal representative, an outside executor is appointed by the court.
Once this has been done, the executor takes over the proceedings and must look into and list the assets and liabilities of the decedent. From thereon the executor assumes responsibility for all aspects of the will, from checking on any monies owed on the estate to checking the validity of any claims made against the estate. The executor must also take control of the assets and ensure that everything is kept in a good state of repair throughout the proceedings.
Administering the will can be a very lengthy process, so the executor may have to assume responsibility for the deceased’s affairs for quite some time. Throughout the process, the executor or personal representative must file reports with the court to account for monies and assets coming in to and going out of the estate.
Once all creditors have been made, all due monies collected, taxed paid up to date, legal matters dealt with and everything is in order, the executor can then deal with disbursement of the estate to the named beneficiaries, which again must be overseen and approved by the courts to ensure that the wishes of the decedent are complied with.
