Will procedure, tests and procedures

A deceased dies with a will (will) or without will (gut). If the deceased has executed an instrument whose purpose is to be the will of the deceased, its validity as a will must be proved. This involves what is called legalization. As a result, if the deceased died tested or gut. The assets of the deceased must be administered under the authority of an appropriate state court. Therefore, we are the first to consider legalization if the deceased died in a testamentary state. Then the effect of filing and finally the administration of the deceased's estate.

Experience is the procedure for proving to an appropriate court that an instrument is the will of a deceased. An instrument can only be effective as a testament in the death of the testator. The instrument is submitted to the corresponding state court where it is subject to legalization. This court is usually referred to as a district court or a substitute court.

The State where the deceased's residence has jurisdiction over the deceased's will and the property of the deceased. Except that if a deceased’s property (real estate) is in another state. Then the last state has jurisdiction to determine the validity of the will to such a large extent as such real estate.

The will is tested in the law of succession in the county where the deceased's residence is located. Once tested and found valid there; Legalization is effective in all other states, except in the case of real estate in another state. The succession process is initiated by filing an inheritance petition with the corresponding court of any interested party. It is generally the person mentioned in wills as the "personal representative" that the deceased wants. All interested parties are informed of the procedure.

The witnesses of the "will" testify under oath to the execution of the will. If they are unavailable, or if the original will is lost or destroyed by someone other than the testator, the statutes contain specific provisions for legalization in these circumstances by other evidence.

This testimony from other people and evidence of a copy of the alleged lost or broken will.

When the court approves the instrument as a will and testament to the deceased. The court issues a "management letter" to the person named in the will, as the testator wants to be appointed by the court to represent the testator and administer his estate.

The instrument can be challenged for not being the will of the deceased, and if it is found that it is not valid as a will and that there is no other instrument proven as a valid will, the deceased is dead in the state. In the states where the letter was adopted, reference should be made to it because of its disposition for flexibility in the management of the deceased's estate.