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You must probate the will in order to effectuate the transfer of assets in the decedent's name to the named beneficiaries and to have an executor appointed. It sometimes happens that a decedent has no assets in his/her name alone. Jointly held property will pass to the surviving joint owner. In such cases it is not uncommon for the will not to be probated.

If the will is not submitted to the court and the decedent owned property, the estate must be probated and decedent's assets will pass to his heirs at law according to state laws of intestate distribution rather than to the persons named in the will. In that case the court must appoint an administrator. If the court finds that any person withheld a will from probate there can be serious legal consequences as well as liability for damages suffered by any heir as result of the withholding of the will.

If a person dies owning real property, whether testate or intestate, the estate must be probated in order for title to pass to the heirs. The property cannot be sold or mortgaged until the title is legally established in the heirs through a probate procedure.

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14y ago

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Probate in your state may have a monetary limit in order to require probate. A local probate attorney can answer your question.


What kind of court administers wills?

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How do you go to probate with a will?

were can i download a form to send to the probate registra


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Court of Probate was created in 1857.


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Where can you order a probate form?

A great resource for finding individual U.S. State probate forms can be found at http://www.uslegalforms.com/probate/


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