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In Illinois what makes a will go to probate?
The fact that the will exists. All wills need to go through probate to allow proper distribution, evaluation and paying of taxes.
If a will was all made out does the executor need to take it to Probate court or can they just do as the will reads?
A will must always go through probate. That makes sure all of the legal requirements are met and taxes paid.
Do retirement benefits need to go through probate?
No, retirement benefits typically do not go through probate. The beneficiaries have to be named on the benefits.
If your late mother has left a will do you need probate to sell her property?
Yes, your mother's will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
Do you need to go to probate when upside down in mortgage and no assets?
No. Probate is the court that has jurisdiction over the estates of persons who have died.
If there is no will do you have to go to probate court?
It will depend on specific state laws and whether there are assets that need to go through probate. But in general, it is the contents of the estate that determine the need for probate, not the existence of a will.
Where do you go to probate a will in Indiana?
The probate court in your county. They will be able to find all the specific forms at the clerk's office.
Does Florida require a will to go to probate?
In Florida a will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
Do all wills in the state of Virginia have to go into probate?
Yes, in Virginia a will must go through the probate process. That makes sure all of the legal requirements are met and taxes paid.
Do wills go to probate court in Indiana?
Yes, all wills in Indiana must go through the probate process. That makes sure all of the legal requirements are met and taxes paid.
Do we have to go to probate court if a will is uncontested?
The executor of the estate submits the will to probate court if it is necessary to do so. It is only necessary when there is a large estate, many heirs, outstanding debts, or a possibility if someone is going to contest the will. In a case where the will isn't going to be contested a lot of time and money can be saved by doing a "short probate" if available or not choosing to submit the will to probate court at all. You will still need to go to probate court. The process is faster though and you will be put on the uncontested docket.
In Florida your father passed away and in the will everything goes to your mother does she need to go to probate or does she just assume all assets without going to probate?
If the estate includes any assets that are in your father's name alone then his estate will need to be probated. If that is the case, you and your mother should arrange a consultation with an attorney who specializes in probate who can review the situation and explain your options.
