Can A Probate Of Will Be Taken By The Testator?

Probate is a legal process that takes place after a person dies. It involves the validation of the will and the distribution of the assets to the beneficiaries. However, can a probate of will be taken by the testator? The short answer is no. This article will discuss what probate is, who can take probate, and why the testator cannot take probate of their own will.

What is Probate?

Probate is the legal process that takes place after a person dies. It involves the court validating the will and ensuring that the assets are distributed according to the wishes of the deceased. If a person dies without a will, the court will follow the rules of intestacy to distribute the assets. Probate is necessary to ensure that the assets are distributed correctly and that the rights of the beneficiaries are protected.

Who Can Take Probate?

The executor named in the will is the person who is responsible for taking probate. If there is no executor named, or the named executor is unable or unwilling to act, the court will appoint an administrator to take probate. The executor or administrator is responsible for collecting the assets, paying any debts, and distributing the remaining assets to the beneficiaries.

Why Can't the Testator Take Probate?

The testator is the person who makes the will. They cannot take probate because they are deceased. Probate is taken by the executor or administrator named in the will or appointed by the court. The testator cannot act as the executor because they are no longer alive.

Additionally, the role of the executor is to act as a fiduciary to the beneficiaries. They have a duty to act in the best interests of the beneficiaries and to ensure that the assets are distributed correctly. The testator cannot act as a fiduciary because they are no longer alive. The executor or administrator must be a living person who can fulfill the duties of the role.

It is also important to note that the executor or administrator must be impartial. They cannot favor one beneficiary over another or act in their own self-interest. The testator may have biases or preferences that would prevent them from being impartial.

Also Read - can a will be registered after death of testator

Can the Testator Name Themselves as the Executor?

The testator can name themselves as the executor in their will. However, this does not mean that they can take probate of their own will. Naming oneself as the executor is simply a way of expressing a preference for who should take probate. If the testator dies, the named executor will take probate.

If the testator tries to take probate of their own will, it would be invalid. The testator is deceased and cannot act as the executor. The court would appoint an administrator to take probate instead.

Conclusion

In conclusion, a probate of will cannot be taken by the testator. Probate is taken by the executor or administrator named in the will or appointed by the court. The testator cannot take probate because they are deceased and cannot act as a fiduciary. The executor or administrator must be a living person who can fulfill the duties of the role. While the testator can name themselves as the executor, this does not mean that they can take probate of their own will. The court will appoint an administrator to take probate if the named executor is unable or unwilling to act.

Posted by Harish