Why do some wills go to probate?

The purpose of a Will is to carry out the deceased’s wishes as to what will happen to their estate after death. The Grant of Probate is a document that allows ownership of the assets to be transferred from the deceased to the executors, so that they can give effect to the terms of the will.

How can I review my Uncle’s Will?

If there was, you should be able to go to the county probate court and request the file to review. That will tell you what the probate assets were and you would be able to review the Will. As Attorney McNamera pointed out, your uncle is free to leave his assets to whoever he wishes to, and you have no right to…

What was the value of my uncle’s will?

Soon after he would have received my letter, friend #1 became joint on his checking and savings accounts, and a new will was drafted leaving everything to her. 2 months later, he died. No one notified me. Estate has already gone through probate. Documents show estate value of $40,000, but with joint accounts, who knows?

Why do I need to contest my Uncle’s Will?

Once you hurdle the standing issue there are very specific reasons for a Will to be contested. One reason to contest a Will would be because the person that made the Will did… As your uncle’s only heirs, you should have received notice of the probate action, if there was one.

Why do people not have to go through probate?

This is desirable for some people because doing so not only reduces legal fees, but it can mean avoiding the estate tax, which can take a significant amount of a very wealthy estate. Avoiding probate can also protect privacy, since some of the records may not be available to the public.

What happens if there is no will and no probate?

If there’s no will, or the will doesn’t name an executor, the probate court will appoint someone to serve. Either way, the person in charge can hire a lawyer to help with the court proceeding, and pay the lawyer’s fee from money in the estate. Typically, many of the assets in an estate don’t need to go through probate.

Do you have to go to probate court for an estate?

Almost every person leaves behind some assets that don’t need to go through probate. So even if you do conduct a probate court proceeding for the estate, not everything will have to be included. That’s good news, because property that doesn’t have to go through probate can be transferred to the people who inherit it much more quickly.

Can a will writer avoid the probate process?

There are steps the will writer can take to avoid probate, but if this is not the case, the probate process can be managed effectively with the help of an estate attorney or probate lawyers. What assets are subject to probate? Is a will always followed exactly as written during the probate process?

What do you call a property that has to go through probate?

This property is commonly called the probate estate. If there are assets that require probate court proceedings, it’s the responsibility of the executor named in the will to open a case in probate court and shepherd it to its conclusion. If there’s no will, or the will doesn’t name an executor, the probate court will appoint someone to serve.