How Do I Know If I Need To Probate?

Posted by smith clea on October 2nd, 2022

If someone has died and there are no beneficiaries, the assets may need to be administered by the court.
 
This is called probate.
 
There are several ways this can happen:
 
  • You need probate if someone has died leaving assets held in their sole name (as opposed to jointly owned or in trust) and,
  • If there is no will and the deceased person's assets will be distributed according to the rules of intestacy.
 
A probate court must issue a summons for the appointment of an administrator.
 
If your loved one died without leaving a will and beneficiaries were named in a trust agreement or other document, you would also need to file a complaint with the probate court.
 
If your loved one has left behind more than just their own name as it appears on their bank accounts and deeds.
 
Then you'll need to file a separate petition asking for approval from the judge overseeing probate proceedings before moving forward with any changes made in those accounts (such as transferring funds).
 
The will does not nominate executors who are alive.
 

Wills, Trusts, And Powers Of Attorney Are The Foundation Of Any Estate Plan.

 
These legal documents help you plan for your future by naming who will receive what from your property after you die.
 
You can create these documents yourself or hire an attorney to do it for you.
 
But, if someone else is making decisions about your property without consulting with them first (such as a creditor), then this could be considered a will fraud or power of attorney fraud and could result in criminal charges being filed against that person!
If a will does not appoint an executor, it is invalid.
 
The court will then appoint an administrator to manage the estate.
 
An executor must be someone who is of sound mind and has no interest in the estate.
They can be anyone from your brother or sister to your neighbor down the street as long as they are willing and able to carry out your wishes when you're gone!
 
If there are sufficient assets and no one has been appointed to administer them, a court order may be needed.
 
If there are sufficient assets and no one has been appointed to administer them, a court order may be needed.
 
The court will appoint someone to administer the deceased's estate.
 
It will determine how the assets are to be distributed and who is responsible for paying any debts.
 

Conclusion

 
If there are sufficient assets and no one has been appointed to administer them, a court order may be needed.
 
The court will appoint someone to administer the deceased's estate.
 
It will determine how the assets are to be distributed and who is responsible for paying any debts.
 

About The Author

 
Clea Smith is a USA-based author on Legal issues related to estate planning, will and 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.

Like it? Share it!


smith clea

About the Author

smith clea
Joined: February 6th, 2020
Articles Posted: 91

More by this author