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Is it Always Necessary to Probate a Person’s Will Once the Person Dies?

20 September 2017 No Comment

No. The main purpose of probating a decedent’s will is to allow for the legal transfer of the probate assets to the beneficiaries named in the will. The probate assets consist of any assets owned individually by the decedent, in addition to any assets owned by the decedent naming his or her estate as the beneficiary. Other assets, such as assets with a named beneficiary other than the estate assets held jointly between the decedent and another individual as joint tenants, and assets with “payable upon death” provisions are non-probate assets. These non-probate assets pass immediately upon the person’s death by operation of law. If all of the assets owned by the decedent at the time of death are non-probate assets, it is not necessary to probate that person’s will.

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