Is Probate Necessary?
Depending on your individual circumstance, probate can often be avoided.
Probate is necessary when an individual passes away with assets remaining in his or her name, without a beneficiary listed. For example; if at the time of passing, the decedent owned real property in his or her name, since he or she will no longer be able to sign any documents to sell the property or distribute the property, probate proceedings will need to be initiated to allow another individual, usually a spouse or child to step into the shoes of the decedent to sell the property. That is just one example, as there are many other assets that will require a personal representative to sell or distribute on behalf of the decedent.
If the decedent died with a Will, then it is the executor’s (the person named to handle all affairs) responsibility to make sure the wishes of the decedents are carried out according to the terms of the Will.
Probate is necessary when an individual passes away with assets remaining in his or her name, without a beneficiary listed. For example; if at the time of passing, the decedent owned real property in his or her name, since he or she will no longer be able to sign any documents to sell the property or distribute the property, probate proceedings will need to be initiated to allow another individual, usually a spouse or child to step into the shoes of the decedent to sell the property. That is just one example, as there are many other assets that will require a personal representative to sell or distribute on behalf of the decedent.
If the decedent died with a Will, then it is the executor’s (the person named to handle all affairs) responsibility to make sure the wishes of the decedents are carried out according to the terms of the Will.
