Where Probate Is Necessary?

Posted by smith clea on September 1st, 2022

Probate is the legal process of distributing a person’s estate after they die.

It’s often required in wills and estates worth less than million.

It’s also required when a person dies without a will or leaves a will that doesn’t direct how their assets should be distributed.

The probate process can be lengthy and complex, and it can take months, or even years, to complete.

Probate And Probate Process

Probate is the legal process of determining who should manage a person’s estate if they die without a will.

It involves bringing in an expert to examine the deceased person’s property and decide who should be the executor of their estate.

Sometimes, probate is necessary to determine who is the legal owner of the property.

For example, if you inherit property that was jointly owned by the deceased person and a third party, you may need to go through the probate process to determine who the legal owner is.

Probate is the court process by which a deceased person's estate is managed, and it is often required when someone dies without a will.

The probate process can be long and complicated, and it can be difficult for the family and friends of the deceased to navigate without the help of an attorney.

When someone dies, their loved ones are often left with many decisions to make.

Who will take care of the funeral and burial arrangements?

What happens to the person’s property and possessions?

Most people have a simple answer to these questions:

They will ask the person who died to represent them in those decisions.

Probate is the process of ensuring that your loved ones are cared for after your death.

It involves proving your financial worth and proving who you are to the people who will inherit your estates, such as your creditors and your family.

This can be a lengthy and complicated process, but it doesn't have to be.

When Probate Is A Necessity

In some circumstances, it is necessary to have a probate proceeding to finalize the distribution of an estate, and a formal probate proceeding is what occurs during such a proceeding.

In most cases, however, a person will normally accomplish the distribution of their property without the need for probate.

For example, if you leave your entire estate in a trust, your family can take control of the money without having to go through a probate proceeding first.

Probate is 100% necessary to ensure that your assets are distributed correctly after your death.

However, if you have a small estate, or if you have an understanding of your estate plan and are confident that your assets will be passed on to your family members in a fair and even manner, probate may not be necessary.

The most common reason for needing to go through the probate process is:

  • When there is a will contest, or when the will is contested by another party.
  • When this happens, the person who is contesting the will must prove that there wasn’t a valid will or that the will wasn’t the decedent’s true last will.

About The Author

Clea Smith is a USA-based author on Legal issues related to estate planning, will & trust, business law, and elder law. Clea Smith does her best writing on these topics that help users to find the best solutions to their FAQ on estate planning attorney, probate, living trust vs will, and more about legal family issues.

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smith clea
Joined: February 6th, 2020
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