When is probate necessary?
Probate is necessary when a person dies and leaves assets in their name alone. The probate process is used to transfer those assets to the deceased person’s heirs or beneficiaries. If the deceased person had a valid will, the probate court will ensure that the will is followed according to its terms. If the deceased person did not have a will, the probate court will distribute the assets according to state law. Generally, probate is required when the value of the deceased person’s assets exceeds a certain amount set by state law, which varies by state. However, certain assets, such as jointly owned property or assets with designated beneficiaries, may be exempt from probate. It is important to consult with a probate attorney to determine if probate is necessary in your specific situation.
