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Not all wills require probate. The need for probate often depends on the assets involved and the jurisdiction's laws. If the estate includes real property or significant assets solely in the decedent's name, probate is necessary to transfer ownership legally. For comprehensive guidance on your specific situation, consider using USLegalForms, where you can find tailored resources to simplify the probate process.
Any assets that are titled in the decedent's sole name, not jointly owned, not payable-on-death, don't have any beneficiary designations, or are left out of a Living Trust are subject to probate. Such assets can include: Bank or investment accounts. Stocks and bonds.
Probate must occur before the Surrogate in the County of the decedent's residence at the time of death. The Executor must bring the original Will, certified copy of the death certificate, a list of the names and addresses of the decedent's next of kin, and a check book to pay various fees and costs.
What is a simple will? State that the document is your will and reflects your final wishes. ... Name the people you want to inherit your property after you die. ... Choose someone to carry out the wishes in your will. ... Name guardians to care for your minor children or pets, if you have them. Sign the will.
Probate assets include: Real estate, vehicles, and other titled assets owned solely by the deceased person or as a tenant in common with someone else. Tenants in common don't have survivorship rights. The owners can bequeath their share of the property to someone else.
The probate procedure is expensive, drawn-out, and intrusive. The costs associated with the court, legal counsel, personal representatives, bonds, and accounting all add up and can create a much bigger ordeal than expected.