Does the probate process follow the will exactly?

On Behalf of | May 6, 2022 | Estate Planning |

Probate is a necessary part of administering the terms of a will. While not all wills go through probate, it is a crucial process in most cases for the sake of validating the intent of the deceased.

A will is the most basic and essential part of one’s estate plan. If a family member’s will goes to probate, you may have concerns over whether or not the court will honor their written decisions.

When does probate affect the execution of a will?

In the event that a will is not contested, the probate process will follow the exact terms of the will upon determining that the will is valid and establishing a legal process to distribute assets. If no one objects to the will, no examination of evidence will be necessary and no lawsuit will take place to alter or nullify sections of the document. Most wills go through probate without contest and the process goes quickly and smoothly compared to that of a contested will.

Why might a will receive a challenge in probate?

There are several reasons why an individual involved in the probate might challenge a will or portion of the will. The grounds on which one might call a will into question typically involve circumstances that alter the intent of the writer, such as:

  • Fraud or forgery
  • External influence on the writer
  • Unfit mental capacity at the time of writing

While probate can be a lengthy process, the court does not actively seek to alter the instructions given in a will. Only in the rare cases that a will proves to be invalid does probate correct the contents of the document.

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