Probate is the process by which the court verifies the validity of a will and oversees the distribution of the deceased’s assets. The process is usually legally necessary with the exception of certain cases in which a living trust is in place.
An individual’s will is the foundation of their estate plan and forms the basis of their final intentions. Grieving families entering the probate process may understandably have concerns over whether the court will carry out the will exactly as written.
When probate may affect the execution of a will
When the Florida probate court seeks to prove the validity of a will, the most important factor to determine is whether or not the document expresses the true intentions of the deceased in their full mental capacity. The probate process also presents an opportunity for other involved parties to contest the will if they believe it is invalid. If an interested person files a lawsuit, or if evidence indicates that the will is invalid, the court may interpret the will differently.
Grounds for altering the execution of a will
Any party involved in the probate process may call the will or a section of the will into question if they suspect that it does not express the intention of the deceased. Such a circumstance might arise as the result of fraud, external influence or a lack of mental capacity at the time of writing.
Most wills go through the probate process smoothly and without contest. The vast majority of cases see the execution of a will’s terms without complication. It is only when a will receives a challenge that the court has reason to make changes accordingly.