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A living will relates to the nature and extent of health care services that will be provided to you near the end of your life. Probate is the process of settling your estate following your death. Whether or not you have to go through probate after death depends on the nature and extent of your estate and the nature of your testamentary instruments.
For more details see the following link:
http://sandiegoestateplanningblog.blogspot.com/2010/02/do-you-have-to-go-through-probate-if.html
The answer to this question is for educational purposes only and does not create an attorney-client relationship. You must consult with an attorney about the specific facts and circumstances of your case.
What else can I help you with?
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.
My mother passed recently and had no living will.I am her only child. Do I have to go through probate to access funds in her bank account?
Yes, this must go through probate. The only exception is if you are already a joint account holder or if she had an "in the event of death" beneficiary on the account with your name on it.
If you have a will and deceased owned a house that you live in does it have to go to probate?
Yes, the proper way to change the property ownership is through the probate process.
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.
Does a will in Arizona have to go through probate?
Yes, a will has to go through probate. That insures that the will is properly executed. It also makes sure that taxes are properly paid.
If there is a will does propery go through probate?
Yes a will requires probate. Which means the property will be part of the process.
Do you have to go through probate if there is no will Wisconsin?
You might or maybe not
Do you have to go through probate in Oregon if there is a will that appoints a personal representative?
Yes, a will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
Does a will in Long Beach California have to go through probate?
Yes, in California a will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
Does a pension go through probate?
No, a pension typically does not go through probate because it usually has designated beneficiaries who receive the funds directly upon the pension holder's death.
What is the difference between a living trust and an estate?
A living trust is set up for a specific purpose, with rules for what is to be done with the assets while the individual is living. They key to many is that it can also transfer the contents without going through probate. An estate is the property of a decedant that is going through probate.
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.
