Probate (often abbreviated pr.) is the judicial process whereby a will is "proved" in a Jamaica court and accepted as a valid public document that is the true last will of the deceased.

An executor is the person appointed by a will to act on the behalf of the estate of the will maker (the "testator") upon his or her death. An executor is the legal personal representative of a deceased person's estate. The appointment of an executor only becomes effective after the death of the testator. After the testator dies, the person named in the will as executor can decline or renounce the position, and if that is the case should very quickly notify the probate court registry accordingly. There is no legal obligation for that person to accept the appointment.

Executors "step into the shoes" of the deceased and have similar rights and powers to wind up the personal affairs of the deceased. This may include continuing or filing lawsuits to which the deceased was entitled to bring, making claims for wrongful death, paying off creditors, or selling or disposing of assets not particularly gifted in the will, among others. But the role of the executor is to resolve the testator's estate and to distribute the estate to the beneficiaries or those otherwise entitled.

What are common probate problems?

Altering of the will. There are many reasons why the beneficiary of a will wants to have it altered. It could be because he or she does not have the need of the estate and wants to pass it along to his or her children or other relatives. One common reason is that they the beneficiary or beneficiaries want to mitigate inheritance tax in Jamaica.

When one inherits real estate, an inheritance tax should be paid before the title could be transferred to your name. The problem is that this inheritance tax could be high depending on the percentage of the amount the beneficiary is receiving. Regardless of the reason, altering a will through a Deed of Variation needs court approval in Jamaica, which a probate lawyer can assist in.

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Individuals who have suffered long-term illnesses will probably think ahead to the future and write a will and testament-a detailed account of where their earthly goods should go when they pass away. In some cases (such as a fatal car accident), death comes in an instant to an individual who seemingly has no reason to write a will. In both cases, a probate lawyer in Jamaica will help distribute the individual's possessions to family members, friends, and others who may be entitled to them.

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The Steps of the Process

Before any distribution can begin, the attorney must determine if the current will was validly created by the deceased. He'll also need to identify the property, possessions, and monetary accounts that are being distributed.

Before any of these items or monetary gifts can be given, the probate attorney will investigate previous claims on the estate. Debts incurred by credit cards must be paid off, outstanding household bills must be paid, and any other debts must first be fulfilled with the money left by the deceased individual. Once these are satisfied, the rest of the money and possessions can be distributed to the deceased's family and friends.

Finally, a probate lawyer in Jamaica is familiar with possible tax advantages that may be obtained when the estate is distributed in a specific way. It's always best to have an expert help with this potentially confusing process.

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