Finding a Will after Probate

Even though probate takes a long time in usual circumstances, the person inheriting could find the original or replacement will and reveal what the estate owner truly wanted to happen with his or her estate at the time of his or her death. The matter generally goes through probate once again or legal processes to ensure that the correct individuals inherit the right assets.

Valid wills have no life expiration. When someone finds the will after a probate case completes, he or she could bring it to the courts’ attention. Then, probate may begin again, and the previous decision is no longer legitimate because the actual will is part of the process. It is important to ensure that the correct and original will is available. If only a copy is found, the judge may not reverse or change the previous decision because the original is not with the person. However, when the original is what the person presents, then the probate case may cancel out whatever judgment occurred.

Provisions of the Will

After a probate case completes, the state default in regard to the provisions of asset division occurs. These default processes usually divide the estate into pieces according to how much the standard heirs should receive per the state laws. However, the will may change this to what the estate owner wanted which may exist with vast and significant changes. The spouse may receive far less than he or she would by default. Other dependents may receive a certain percentage of assets depending on what the estate owner wanted to happen. This could include charitable contributions, trusts, business operations and a passing of ownership of a company to another person.

Distribution of Assets

While the probate courts may decide who gets what based on state laws and default guidelines, the will has a specific distribution of assets from the estate owner specified. This may reverse or completely change what the probate court provided to the family. The will may even stipulate that the spouse gets nothing depending on the circumstances. Many states do not permit the complete disinheritance of a spouse, but a will may explain why this is necessary. Other provisions may go against what default probate provides. This is important when the will details reveal what the estate owner wanted.

A will generally only processes assets that the probate court controls. However, the estate owner may have other assets transferred that have nothing to do with the probate court. Some of these include matters that could involve the death of the estate owner such as life insurance. Joint tenancy property often transfers to the other tenant owner when one dies, and all interest is the other person’s legally. Living trust property is not normally part of the probate courts. Even if the person finds a will, those items not part of the probate process will transfer outside the provisions in the legal document.

Validity of the Will

Some may discover that a will exists after the probate case ends. However, if the will is not the original or does not pass the test of validity, the probate decision may still stand. Without passing qualification as a valid will, it may face a challenge during probate. The state requirements are often different in various locations around the country. However, the person that creates the will for the estate must be of sound mind without any intimidation or force against his or her will to create the document. This person must understand what the will is and how it will affect others.

The will usually must have a written version available. However, the valid will may exist in a typed or pre-printed document. The owner must sign the paperwork if he or she can. If he or she is not able to so do, another person may sign it within the presence of a witness and a notary. Any other valid will is what will remain in force unless the will creator revokes the document or replaces it with another legal file. It is possible to alter the document without rewriting it or revoking the entire paperwork.