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When to Probate a Will

Posted by Chris Peterson | Feb 05, 2014 | 0 Comments

When to Probate a Will

when to probate a willMany people have the mistaken impression that if they create a will, their estate will not need to go through probate upon their death. However, this is not necessarily true; even an estate with a valid will may need to be probated, as will be seen. If you are an heir or trustee, it is important to consult with a probate attorney in Bryan to determine whether probate is necessary.

Why Probate May Be Necessary

When you meet with your probate attorney, he will need to review the will in question to determine whether probate may be necessary. Generally speaking, the purpose of probate is to resolve a matter that is unclear about the estate.

The first consideration in the probate process is to resolve any question about title of property. Probate is used to distribute property in the estate, and generates a legal transfer of title. For instance, it is not enough that the will names a relative as heir to real property; probate must be used to re-issue the title in the relative's name.

When Probate Is Necessary

Your probate attorney in Bryan will let you know whether it will be necessary for the will to be handled in probate court, but some of the most common reasons are:

• When no will exists. • When no beneficiaries are named in the will. • If a named beneficiary dies before the decedent. • If beneficiaries are named, but the decedent is the sole individual named on property. • When property is owned in joint tenancy. • When something is unclear or incorrect in the will. Your probate attorney in Bryan will tell you that this can include anything from a fraudulently executed will, to the existence of another will that may supersede the one in question.

Call a Probate Attorney in Bryan for Help with Any Estate Matters

If you need assistance with probate, or have questions about another estate law matter, a probate attorney in Bryan at Peterson Law Group can help. Call to arrange a consultation today at 979-703-7014.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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