Probate Law

How Probate of Will is Commenced- a Lawyer’s Guide

Probate of Will plays a vital role in the formulation of the estates and is also referred to as the administration of final estates. Probate in the United States is primarily a federal term and refers to the entire process of making and executing wills, said the best probate lawyer in Georgia. It involves the state authority in submitting the Will to the courts for certification and the recording of the same.

The Will is an important document in the administration of estates, as it provides for the legal separation of personal property from the estate and also provides for the settlement of all estates without making any claim on the inheritance tax returns of any beneficiary. As a result of these features, the Willingdon standard has been adapted in many states of the US to form the basis of state probate law.

Probate of Will


Probate of Will refers to the actual recording of the Will after it is executed. It also involves the issuance of several legal documents to the testator, guardians, or representatives of the deceased. In addition, the Willingdon standard requires that the probate court certify the Will in the name of the decedent and issues the necessary legal documents to make it effectual. The Willingdon standard further includes a provision for the testator’s heirs to administer the estate in accordance with the wishes expressed in the Will if they so choose.


There are several types of probate of Will that exist in state probate law. The most common type is the simple testator’s probate, also known as the ordinary testator’s probate. This probate of Will occurs when the person who executed the Will dies before the expiration of the time period specified in the will. The surviving spouse or other designated representative of the deceased person then becomes the administrator of the estate. The probate caveat enables the administrator to deal with the affairs of the decedent immediately after his/her death.


Another probate of Will occurs when the testator creates a living trust. A living trust is created by executing a document known as the ‘letters of assignment of agents’ which appoints a trust agent or representatives to manage the decedent’s estate. It is important that the agent is qualified under the law and have a substantial degree of knowledge and experience in the administration of estates in general. Once this testator’s living trust is created, it is valid for the duration of the probate of Will.


Another type of probate of Will occurs when the testator creates a deviseary. A deviseary is an individual who is personally qualified to act on the behalf of the testator and act in concert with the decedent’s representatives. Under the probate of Will, the deviseary must submit the necessary documents to the court and provide assurance that the testator’s personal details are legally secure. This ensures that the decedent’s assets will be properly administered and protected in the event of any issues arising out of the decedent’s estate. If the testator does not appoint an agent, then the court will select an individual or persons who meet the testator’s requirements.

The final type of Probate of Will occurs when the testator has no personal representatives and no one designated to execute the will. In these circumstances, the court will appoint an individual or persons who have a substantial degree of knowledge and experience in estate planning and who are personally qualified to administer the will. However, there is a substantial time gap between the date of execution and the date that the testator’s estate must be distributed. It is also very difficult to execute a will when there are outstanding debts against the decedent’s property or debt owed to others that could prevent distribution. This situation can occur if the decedent did not assign his/her personal representative before he/she died.