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What Is An Uncontested Will And How Does That Play Into The Probate Process?


An uncontested will is a will that is processed through the normal channels, meaning no one challenges its validity, the person who was appointed as the executor, or the percentage of distributions that may be named inside the will. Uncontested wills tend to process through the court system in a more expeditious manner as opposed to when somebody comes in and starts challenging the will, which is a free opportunity for anybody to come in and say they disagreed with how it was structured and at that point, the court could choose to use it or lose it because they would have high discretionary powers.

What Discretionary Powers Does The Court Have?

The court would have the discretion to use the will or make up its own distribution or appoint a new executor according to its findings in the court process. The discretionary powers would be appointed through our judiciary members.

What Happens If There Is No Will Or It Cannot Be Found?

In scenarios where the will could not be found or it could not be located at any other attorney or organization that may have put it together on behalf of the deceased, the case would end up in the probate system. Somebody would be appointed as administrator, and this person would be equivalent to an executor but it would be a court determination based on their due diligence and examination of the facts and circumstances surrounding the particular probate.

What Are Some Common Barriers During This Entire Process?

The common barriers would be time and cost, and we usually find that there would really be two probates. We have to somewhat dissect it into two pieces. The living probate would happen when the person was still alive, and then there would be the deceased probate, which is what people generally talk about. Anytime we are faced with a mental decline, which usually sneaks up on us by virtue of a stroke, heart-attack, diabetes, or even a severe concussion, dementia or Alzheimer’s.

We end up in court if we did not have a legal document in place for the living probate called the Conservatorship. These days the cost for that is high. This is one of the biggest areas they found elder abuse occurring so an entire program and process was put together that is quite lengthy. There is government oversight and review every year over the finances regarding how they were being spent by the person who ultimately got upon this conservator.

For more information on Uncontested And Misplaced Wills, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (866) 544-8825 today.

Orange County Attorney James Burn

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