When is Probate Required? Is probate required if there is no property? As with many estate planning questions, the answer depends on the specific laws of the state where you live at the time of your death, as well as the laws of any other state where you own real estate. Do you need to probate a will?
YES, probate is a good thing!
It protects the legal representative of the Estate from getting sued in the future. Because a will can be overruled by a judge. A will may say, I want $1000.
But, when the will is probate anyone having a claim against the estate has a right to present that claim. What if (as in my example) after. If there is nothing to probate then you have no reason do do it.
You only need probate if there are assets to be transferred to a new name like a house or a bank account. It doesn’t matter if you leave a will.
Other articles from estate. Sometimes it becomes necessary when the decedent has debts and creditors that must be paid out of the estate before beneficiaries take ownership of the assets. The simple answer is that a grant of probate is needed in most cases , especially when land or property is involved , but it’s always worth taking a little more time to find out for certain. (more…)