FAQS

Do I need to go through probate if the decedent had a will?

The simple answer is yes. Having a will does not avoid probate, it is an instrument that helps guide the probate court in the distribution of the decedent’s assets.

If there is a will that gives everything to one person, can that person take the will and transfer the assets without going through the probate process?

No. Having a will does not avoid probate, it is an instrument that helps guide the probate court in the distribution of the decedent’s assets.

Is a probate administration always required?

Not always. For many decedents there is no requirement to open a probate. If a decedent did not own assets in his/her name at the time of death a probate may not be required.

What are probate assets?

Assets subject to probate are those assets that were solely owned by the decedent at the time of death.



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