answersLogoWhite

0


Best Answer

Yes. The will must be examined by the court to confirm its validity and the executor must be appointed by the court. Real estate and property owned solely by the decedent must be probated in order for title to pass to the beneficiaries. The debts of the decedent are paid first.

User Avatar

Wiki User

15y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

10y ago

A will is does not necessarily have to be subject to go through probate. If the will states what is to be done with everything in detail and no one has the nerve to contest the will then probate shouldn't be needed.

This answer is:
User Avatar

User Avatar

Wiki User

15y ago

I am assuming that you are referring to a trust in a will. In order for a will to become operative it needs to be presented to the probate court of jurisdiction for allowance and appointment of an executor. Generally, if there is a trust set forth in the will the trusteeship must also be allowed and a trustee appointed by the court. You should seek the advice of an attorney to discuss your options.

This answer is:
User Avatar

User Avatar

Wiki User

7y ago

A living will does not require probate. However, if anyone wishes to contest the living will, it may end up before a probate judge. Assets do not require distribution in the case of a living will.

This answer is:
User Avatar

User Avatar

Wiki User

7y ago

A living will outlines your wishes about life support and other kinds of life sustaining medical treatment, such as the use of antibiotics, feeding tubes, hydration, etc.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: If there is a will do you still need to probate?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Can a Virginia notary be used on a California legal probate document?

I have a California Probate document that I need to notarize. Can I have it notarized in the state of Virginia instead of California and still be legally binding?


Do you need a wills and probate expert?

To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.


Can you probate a will personally?

No. A Will only goes into probate once the principal (the one who created the Will) has passed away. The Executor or the person in-charge of the principal's assets, would be the one to present the Will to court for probate. Even if there is no Will, the deceased person's assets will still need to undergo probate for the state to determine where and to whom his assets will go to.


Do you need both a power of attorney and excutor of estate paper?

No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.


What type of lawyer do you need to settle a will?

You need an attorney who specializes in probate law.


Do you need to probate a will if there are assets?

That is the purpose of going into probate. It allows assets to be legally transferred.


What is the phone number of the courthouse that you have to contact for a letter of administration?

You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.


Can I find out online about my father's will?

If he is still living, you have no right to read his will. If he has died, the will might have been probated and you would need to check the index at the probate court where he lived. You can do an online search for the county probate court in the state where he lived to determine if their records are available online. However, online probates are still rare and you will likely need to call or check in person.


Where online can you change back to your former name after a divorce?

You need to visit your local family and probate court and inquire about a name change.You need to visit your local family and probate court and inquire about a name change.You need to visit your local family and probate court and inquire about a name change.You need to visit your local family and probate court and inquire about a name change.


What probate court form is for the release of deceased bank account?

You need to inquire at your local probate court.


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.


What if ever one wont sign to revive the will mom has left us ther is 7 kids and some are hard to find and some just wont sign its been over three years how long do they have to sign?

You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.