Estate Lawyer

Probate refers to the legal process in which a will is proved valid in court. It can be a long process and comes with extra fees, so many people try to avoid it. However, there are some instances where it’s necessary to probate a will. 

Here are several reasons why a will would need to be probated.

There’s No Will

While more and more people are realizing how important it is to have a will these days, some still choose to go without one. If a person dies without a will, the court will have no choice but to probate the estate to determine the beneficiaries and distribute the assets.

Assets Are Solely in the Deceased’s Name

If the deceased owned property and had no other names attached to the title, the property typically has to be probated to get it out of the decedent’s name. Once the property is probated out of the decedent’s name, it can be transferred to the designated beneficiaries. 

There Are No Beneficiaries Named or They Have Predeceased the Decedent

If the decedent didn’t name any beneficiaries or they died before the decedent, retirement accounts and life insurance policies must go through probate. Once these accounts are probated, they can be transferred to the beneficiaries’ names.

Decedent Owned Property in Joint Tenancy

If the deceased owned property with other people, probate is required to remove the decedent’s name and transfer his or her share to the designated beneficiaries. 

There Are Issues With the Will

While it would be ideal if all wills didn’t have any problems, things don’t always work out that way. If there are any issues with the will, it will have to go through probate. For example, if the beneficiaries believe that the will was drafted at a time when the decedent lacked mental capacity, it can be challenged in court. The will may also go through probate if beneficiaries believe there was fraud or undue influence.

Consulting With an Estate Planning Lawyer

Dealing with wills can be complicated and overwhelming. That’s why it’s important to hire an experienced estate planning lawyer to help you draft your will. An estate planning lawyer, can help you create a valid will that specifies your wishes. He or she can also assess your estate and tell you if there may be complications later on.