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Probate Of Will

Probate of will is the process through which the probate court decides if a will is valid and can be used to transfer the deceased person's assets as described in the will. Once the judge determines the will to be valid, he will determine if the assets of the will can be distributed as designated in the will. Although the judge will almost always agree with the will, there are times when a change in guardianship or executorship is determined necessary. A will simply names a person's final wishes and how they want their property distributed, it is up to the probate court to decide if the will is a valid legal document and allow it to stand. Individuals can use trusts in place of wills to avoid the probate process almost entirely.

Fast Facts

  • It is a common misconception that having a will prevents the probate process.
  • The majority if will presented to probate court are allowed to stand, typically only very large estates have issues with beneficiaries and run into problems at the probate court.

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