The Origin Of Probate Administration
The word ‘probate’ is said to be derived from the Latin term ‘probare’, which simply means ‘to prove’. It makes perfect sense when it is applied to the actual process of probate today since probate administration happens to the family of the deceased. Probate in general is conducted in the courts to prove, verify, and officially state who will inherit the remaining assets from the decedent.
Wills & Probate Administration In The Roman Era
The concept of probate began to evolve in the Roman era. This was during a time when they had a practice of destroying the seals placed on the wills in front of the people who created them. In the early years of the Romans, there should be at least six to seven individuals who will witness the signing of the will, or as they call it, a ‘will under seals’.
The process afterward consisted of the written will to be viewed, even if the testator is still living or after they have passed away. A majority number of the live witnesses of the will under seals should then be there at the opening of the document.
An alternative for the witnesses, just in case one of them is unable to attend, would be sending someone else to represent them in their absence.
The witness and the representatives should be able to take a good look at the will. They would then have to state that the seals were destroyed for the sole purpose of an examination.
Once a Roman will is officially opened, the individuals, witnesses, and representatives are expected to state that they are aware of the seals. They should also be able to tell that they are pleased enough upon examining the Roman will.
Probate Administration In England
When it comes to the courts of the English, these are processed and should go through what they call an Ecclesiastical Judge. In the early years of the US, their origin is seen to be in religious court hearings of the early English people. They had established legal authority that applied to the rules of other probates and estate administration.
Ecclesiastical judges were not established during the time of the Norman Conquest. Because of that, priests were obliged to follow the rules of the courts for the common laws to have a legal discussion. The person who implemented the law for ecclesiastical courts is recognized as William the Conqueror. This was only added to the court laws that were already applied.
He has also authorized power to the newly approved ecclesiastical courts over the existing estate plans in their time. However, this does not remove the existing jurisdiction the common court laws have. Inheritance in their time then was both under the pre-existing common court laws and the ecclesiastical courts.
The laws that revolve around wills being under probate were originally from the Catholic church. They were not signed under English law. The reason behind that is because the bishops are more likely educated on the canon laws.
There is a certain reason why ecclesiastical courts do not have some sort of special authority to distribute or pass somebody else’s property. That is because there is a high possibility wherein the property of the decedent could be appealed by the creditors. This is applicable under the civil courts of the law.
Both ecclesiastical courts and English common law do not have the right to grant the wishes of the creditors, as well as the beneficiaries. The only solution for this tiny complication is a chancery court.
Probate Administration In The Early Years Of America
The earliest recorded law of probate was implemented in the state of Massachusetts back in 1784. Other courts which can be comparable to the probate courts were also established around this era of American history. These would be the Orphan Courts, Courts for the Ordinary, and also the Surrogate.
In 1787, the first probate judge, as well as the Court in The Ohio Territory, were then placed under the Northwest Ordinance.
Written in the Constitution of Ohio in 1802, probate matters were stated to be legally authorized, specifically under the Court of Common Pleas. However, it was later removed from them and was re-established as a separate court. This became applicable to each county.
Probate administration was implemented in American civil laws, which can also be recognized as the statutory courts for probate. Usually, this would have to rely on the population of the area where the court is located.
In the most populated places in the US, these will be covered by the statutory probate courts. In the much more rural and secluded parts of the country, taking the probate case to the civil courts can be done.
The courts in the US have legally approved the wills being in probate, as well as managing the land and estate. These are possible because feudal tenure was nonexistent in most colonies. Most of the time, having an executor is a must in probate laws in America.
There should always be one that was appointed by each state. These people are the ones responsible for creating the actual will for the probate. They are also entitled to do other tasks, such as taking over the estate after the passing of the client.
Why Probate Administration Is Officially Implemented
As discussed, the history of probate administration has come from different parts of the world. Its concept has also been formally implemented in some practices that were performed in various eras. The rules established for probate administration have continuously evolved over time. With this, it has been further polished and is now widely known as a standard law in estate planning law.
The principles of the rules regarding probate administration have been debated over time. This has come to a conclusion, only to discover why probate administration is supported by the law.
That is because the main purpose of it was to ensure the protection of the estate from cases of fraud, as well as it being mishandled.
The laws of probate court were designed to prevent any sort of misconceptions from happening. This is also to keep others from providing false reports of the documents or probating a significant document for a testament instead of the actual will of the decedent.
Given the fact that the probate administration will be entrusted with an individual’s personal wealth, ensuring the safety of the possessions should be very much a top priority.
The terms and conditions of the probate administration, as well as the mechanics and responsibilities of the administrator of the estate plan, are established to make sure that the bequests of the client are being followed as they have wished.
This is also placed within the rules to ensure that the estate is being managed and taken care of properly. When the time comes, the distribution will also be monitored, ensuring that the transfer and distribution of assets are done, according to the deceased testator’s wishes.
Probate is also recognized to have a protective purpose for the representative of the estate plan. Individuals who will stand as estate representatives are expected to handle heavy tasks on their parts. The choices or deeds of others will not threaten a COA.
In other terms, the COA safeguards the client’s right to act and validates their designation as an agent of real estate. It shields the client from accusations that they might lack the legal right to act on its behalf, as well as from getting held accountable for the deeds of others who assert such authority.
It also shields the property representative from responsibility for actions made under a COA in the event that the last will was later revoked. The estate representative might be held accountable for such conduct in the absence of a grant. Thus, they are insulated from such responsibility by the grant.
Furthermore, the start of the statute of limitations for some lawsuits against the property is dependent upon the issuance of probate. A limitation period that starts to operate from the time of the approval of probate typically applies to the ability to file a client relief petition or marital claim for assets.
Weiner Law In Probate Administration
Handling estate planning manners may be difficult to manage manually. It is better to contact law firms that offer their services to clients who are in need of assistance in probate administration. Weiner Law extends to promote its services to clients who are expected to face probate court cases.
The paperwork will eventually increase, as well as the numerous complications in the future if not handled properly. A probate attorney is someone you should call if you have such concerns. Contact Weiner Law for assistance in probate administration in San Diego CA.