What is an Application for Probate?

In an Independent Administration, the executor must move the court to consider the validity of the Will. If the Will contains a self-proved affidavit, the executor will give testimony regarding the fact of the testator’s death and the court, upon satisfaction of the legal requirements, will accept the Will into probate. If the will does not contain a self-proved affidavit, the executor must produce the witnesses to the Will, who will testify about the testator’s signature on the will. This can be cumbersome since the Will may have been drafted many years prior to the death of the testator and the witnesses may have moved or predeceased the testator.

The result of the Application is that the Will is determined to be valid. Of course, if there are persons who contest the validity of the Will, the hearing will include the contest argument and supporting evidence. It should be noted that, it is a common practice today to include a “no contest” clause in the Will that allows for the disinheriting of any beneficiary who contests the validity of the Will or the provisions therein. This naturally will have a chilling effect on such actions, which is the specific intent of the testator.

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