When does a person have to go through probate?

Answer by  Rolf (100)

An estate must be probated whenever the decedent has left behind substantial assets that were owned and titled only in the decedent's name. Thus, if the decedent held all assets jointly with full rights of survivorship, no probate will be necessary. Also, depending on the jurisdiction, if the decedent left minimal assets no probate may be needed.

Answer by  patti (29325)

All wills are "probated." The estate of an individual who dies without a will is also probated. In the case of a will, the court makes sure the will is properly executed. In the other case, the court makes sure all information regarding debts/assets is accurate and handled properly.

Answer by  TicketMan4u (16)

A person will have to go thru probate after a family member dies before their bills can be paid and their estate can be settled and desposed of.

Answer by  tamarawilhite (17883)

Property goes through probate after someone dies, with or without a will. Any property that does not have a co-owner, pay to upon death, or a designated beneficiary will go through a probate court which will review the will and determine who will get that property. If there is no will, property is split between siblings, spouses and children.

Answer by  xsut (943)

An individual will have to go through probate whenever someone dies and leaves behind substantial assets. If their is a will the probate court will most likely follow what the will says, if their is not a will then the property will be split among immediate family such as siblings, children etc.

Answer by  joantheresa (1421)

A person goes through probate when a will designates them as the beneficiary of an estate that has a certain value, or when the estate involves ownership of real estate. An attorney can determine if probate is necessary.

Answer by  vkcopper (358)

When a Will, legal document, of a person directs how his property should be distributed after his death. If there is no Will, (intestate) the Court will appoint a personal representative to distribute the decedent's property according to the state's laws. The Court determines if the Will is genuine. Court also collects assets, settles creditor's claims and closes the estate.

Answer by  John (9008)

Probate is a legal process used to determine what happens to someone's property after they die. Thus, whenever someone dies, their property has to go through probate. Technically, it does not apply to living people, although heirs will obviously have an interest in what happens. Probate is required regardless of whether there is a will or not.

Answer by  withluck (1745)

Probate is a legal process to transfer ownership of property when someone has died. This process is done in accordance with a will.

Answer by  cangel818 (981)

If a will is missing or unclear the persons who feel they should receive money from the deceased persons accounts will have to go to probate. Probate Court will help determine the validity of a will. Fortunately lawyer and court fees will be paid for from the estate property. Unfortunately it means the heirs will get less money.