PROBATE OF WILL

9/3/20241 min read

photo of scrabble toy on gray surface
photo of scrabble toy on gray surface

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.