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Stalley, [3] a Michigan lawyer relied on the official text of the Uniform Probate Code and failed to check the statute as it had been adopted in Florida. As a result, the lawyer missed a filing deadline on a $3,760,909.49 claim.
Where the executor dies intestate after probate without having completely administered the estate; Where an administrator dies. In the first case the principle of administration cum testamento is followed, in the second that of general grants in the selection of the person to whom letters are granted.
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 jurisdiction where the deceased resided at the time of their death.
Probate researchers are hired by solicitors in the United Kingdom, or Estate Attorneys in the United States. In other countries they may be hired by notaries . It is also common for them to independently source estates classed as bona vacantia whereby research is undertaken at their own risk and expense with fees recovered via a commission ...
These requirements can be waived if the High Court of New Zealand is satisfied that the testator intended for the document to serve as their will. [74] For active-duty military and "seagoing persons", any informal testament, "written or oral", can be considered valid, provided the court is satisfied that the will represents the decedent's ...
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