PROBATE OF WILL
Probate is the legal process through which a will is validated and the executor is given authority to administer the estate.
2. Purpose
- To legally recognize and validate the will.
- To authorize the executor to distribute the estate according to the will.
3. Eligibility
- The executor named in the will or any interested party can apply for probate.
4. Process
- Application: File an application for probate with the appropriate court.
- Documentation: Submit the original will, death certificate, and identity proof of the executor and witnesses.
- Court Hearing: Attend the court hearing where the will is reviewed.
- Issuance of Probate: If the will is valid, the court issues a probate order.
5. Required Documents
- Original will
- Death certificate of the testator
- Identity proof of the executor and witnesses
- Proof of address
6. Benefits
- Confirms the validity of the will.
- Provides the executor with legal authority to act.
- Facilitates the distribution of the estate according to the will.
POWER OF ATTORNEY
1. Introduction
A Power of Attorney (POA) is a legal document that allows one person to act on behalf of another in legal or financial matters.
2. Purpose
- To authorize someone to make decisions and take actions on your behalf.
- Useful when you are unable to manage your affairs personally.
3. Types of POA
- General POA: Grants broad powers to the agent to act on behalf of the principal.
- Special POA: Provides authority for specific tasks or transactions.
- Durable POA: Remains effective even if the principal becomes incapacitated.
4. Preparation Process
- Drafting: Prepare the POA document outlining the powers granted and any limitations.
- Signing: Sign the document in the presence of a notary public or witnesses, if required by law.
- Distribution: Provide copies to the agent and keep one for your records.
5. Required Documents
- Identity proof of the principal and the agent
- Proof of address of the principal
- Any additional documents related to the powers granted
6. Benefits
- Allows trusted individuals to handle your affairs when you are unable.
- Provides clear legal authority for the agent to act on your behalf.