When Is Probate Required?

There are several reasons for which we need to go to probate court. Some of the reasons may be making our claim on the deceased's assets or to prove that we are a legal beneficiary. If any one of the following applies to you or to the deceased, then you need to consult a probate attorney. You may head to http://www.lawbh.com/, if you want to hire estate attorney that can help you in estate planning.

1) Probate court is necessary if the will is deemed invalid for one of these reasons:

Improper Execution: If it wasn't written clearly or it was not a legal will, then there is a need to have probate.

Mental Incompetence – If the deceased is not mentally competent when he or she made up the will so their decisions are questioned.

Undue Influence – If the deceased was under duress when he or she wrote up the will, then he/whe may require a probate.

2) Probate is required if the deceased didn't have a Last Will and Testament. If there is no will, then there has to be a legal and equitable probate court process for distributing the deceased assets and for transferring the title of probate property. The only way to do this is with probate.

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3) Probate is required if the assets were owned solely by the deceased.   If there were no other owners or designates of the property or asset, then in most cases the property will have to be probated to get it out of the deceased's name and into the beneficiary's name.

4) Probate is required if the assets were owned as a Tenant in Common or Joint Tenancy. 

When Is Probate Required?

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