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When it comes to the distribution of the total assets of any person, there has to be a will. Otherwise, the distribution may go wrong because there won’t be any legal document or notice from the person (deceased of course). Once, a person has a will (will is a written document which contains the information about the transfer of the property), this will has to go through a probate. Probate then is known as a process through which a will has to go through. There are probate courts in every state which are responsible for passing the will accurately.
A Probate court decides the authority of the will, whether it is original or fake. When there is a court which can handle everything once it has taken supervision of the case. There are so many people who do not write their will or they die accidentally, in such case the courts in Hawaii appoint a surviving member of the family who can take care of the property carefully, otherwise the court act according to the will of a deceased person. The person who is appointed to take care of the property is called Personal Representative. This person has the legal right to the property. He is the one who has to pay the bills, along with taxes. One thing which is really important to understand is that even though the personal representative has the authority to accumulate the property but the property is not his for always. He has to distribute all the accumulated assets to the ones who are deserving. He has to give it back to the heirs of the family. Heirs can claim back the property when they come the right age. Probate is very beneficial in many ways. First of all, probate helps in reducing the fraud. There are so many people out there in the world who are looking for ways to gathering your property and claiming it their own. With the help of probate, the court can give it to the ones who have an actual right on the property. Death of a family member can be very unpleasant. You are not in a state of mind where you can take the best decision. And that time someone else consoles you and they do the trick while consoling you as well. This is why it is always preferred to write a will and include your lawyer in it. The one you trust would be highly appreciated in this matter. When you write a will, you are actually helping out your younger generation in the near future. Life is of course temporary. You do not know for how long you are going to survive. Sometimes death occurs so suddenly that there are very few chances of people surviving in that condition. So, write a will before anything happens and help your future generation.
Another kind of probate is an Informal probate in Hawaii. This kind of probate is mostly used when there is no problem between the heirs and personal representatives