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As of November 28, 2020, inheritances are distributed in two parts. 50% is of free disposition and the other half (legitimate) is divided equally among the forced heirs, which are the children and now include the widow or widower.
The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.
The first thing is to figure out who will be the representative of the estate. If there is a will, the representative is the executor named in the will.
The probate procedure is expensive, drawn-out, and intrusive. The costs associated with the court, legal counsel, personal representatives, bonds, and accounting all add up and can create a much bigger ordeal than expected.
Which constitutes grounds for contesting a will? The will has been revoked. A presumption of undue influence may be raised if a contestant shows that: The alleged influencer actively participated in preparing the will.
Probate Process Every estate passes through probate following the owner's death. Probate can take anywhere from a few months to more than a year. If there is a will, and one or more of the heirs chooses to contest the document, the process can take a lot longer. Probate also can be expensive.
However, a felony record would cause a person to be deemed unsuitable.