Managing and handling the probate process is not an easy task to execute. The executor responsible to execute the probation process must be competent. A competent executor can complete the tasks hassle-free. The executor must perform the tasks according to the decedent’s will. Any deviation from the will can cause legal problems.
An incompetent executor can commit mistakes in the probation process. Committing mistakes in legal procedures is not acceptable by law. Hence, the executor must find ways that will prevent his/her incompetency to affect the probate process. The best way to deal with this problem is by hiring a probate attorney.
An attorney with his/her professional skills ensures a hassle-free execution of the probate process. They make sure to prevent every legal problem that may arise during the process.
Documents play an important role in this process. The executor must make sure that he/she has the possession of all the required documents. The hired probate attorney should get all the documents so to start the probate process.
Let us discuss about the documents required in a probation process:
1. Original Probate Will
This is the original copy of the will made by the decedent. The executor must present the original copy of the will before the court. The court will direct the start of probate process after verifying the will.
In case a probate attorney is hired, the executor must give the original copy to them. They will verify the will before presenting it to the court to avoid legal problems.
A photocopy of the will is also acceptable by court when included with additional documents.
The probation comes under intestate laws when the executor has lost both the original and photocopy of the will.
2. Grant of Probate
The grant of probate is one of the important documents in the process. This document gives power to the executor to administer the estate of the deceased. The executor needs to apply for this document if his/her name is on the will.
The executor must make sure that the hired attorney has this document. The attorney will present it before the court to prove the authorities of the executor.
This document will ensure smooth execution of all the tasks without inviting any legal troubles.
The grant of probate is also known as a letter of administration.
3. Death Certificate
The death certificate is the legal proof of a person’s death. This document gives information about the time, place and cause of the death. Government issues this certificate after getting the consent from a doctor.
The executor should get this certificate issued from the government and give it to the attorney. The attorney will present it before the court to prove the authenticity of the deceased’s death.
4. Affidavit of Domicile
Affidavit of domicile proves the residence of the decedent. This document comes into scene when the executor is planning for ownership transfer. In case the executor is planning to transfer decedent’s ownership on assets to a new owner, requirement of this document is mandatory.
Ownership transfer requires residence proof for which this document works as a proof.
The executor must give access to this document to the hired attorney so that he/she could ensure ownership transfer without any legal troubles.
5. Proof of Asset Holdings
Courts crave for legal proof and evidence. Without proper legal proofs it is impossible to execute a legal process. Therefore, the court demands proof of ownership of the decedent’s holdings before approving to sell it.
The executor must locate all the assets and collect their ownership evidence and give it to the attorney. The attorney will verify it before presenting it to the court.
The creditors are also required to prove their debts before the court with supporting documents to approve their payments.
6. Probate Taxes And Fee Documents
The executor must make sure that the attorney has the possession of all the tax payment related documents. These documents are presented before the court to proof the claim of paying all the taxes.
These taxes include estate tax and income tax of the deceased. They are cleared to avoid any problem in the future.
Legal works require documents, without documents it is difficult to execute a legal work. The executor to prove all his claims before the court must give evidence in the form of documents. The hired probate attorney can verify this document before presenting it to the court to avoid any legal troubles in future.