When a person dies, their family may be left wondering if they need to go through probate or not. Probate is not always necessary or required. Usually, probate is only needed if the deceased person left property that needs to change title through a court order. For example, if the deceased person was the sole owner of some real estate, there is no one who can sign the title over to the next generation. The only way for that property to pass to the next generation is through a court order.
Probate may also be necessary if there is a dispute among the heirs or beneficiaries. If everyone cannot work things out together, then the Court will have to decide things for them through probate.
Some people want to avoid probate and plan for that through their estate planning. If you have questions about probate or avoiding probate, please give us a call.