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In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
As the Florida appellate court pointed out, "[w]e cannot rewrite Florida probate law to accommodate a Michigan attorney more familiar with the Uniform Probate Code." [ 4 ] The Uniform Law Commission does not list Florida as one of the states that has adopted the Uniform Probate Code.
3 ways to avoid complications and probate after you die. It can be tough to think about our own death. But taking action ahead of time can be a gift to your mourning family, who is left to pick up ...
The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. [1] Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down by law.
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There is no legal requirement that a will be drawn up by a lawyer, and some people may resist hiring a lawyer to draft a will. [11] People may draft a will with the assistance of a lawyer, use a software product [12] or will form, or write their wishes entirely on their own. Some lawyers offer educational classes for people who want to write ...
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