Why probate a will?

Answer 1

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.

Answer 2

A Last Will and Testament is one of the most sacred and time honored legal documents. It is a directive by a testator as to the distribution of their property after death. The executor of a Will has no legal authority until the Will has been filed in Probate and they have been duly appointed by the court. Title to real estate does not pass to the heirs until the Will is probated.

Answer 3

By law, will must go through probate. That makes sure all of the legal requirements are met and taxes paid.

Answer 4

Probate makes sure that the appropriate taxes are paid. It also means that debts are settled and the will properly executed. Without probate, real property cannot be sold.