Does probate happen automatically?

Written By Stevaughn Bush

Filing for probate is not automatic upon someone's death, but not doing so can have negative consequences. Probate is necessary for transferring assets held in the decedent’s name and managing their estate according to a Will or state laws if there is none. Executors must file a Will with the court, regardless of asset presence, to notify beneficiaries and creditors. Failure to file can lead to unresolved issues with the Will and potential legal action from heirs.

Key points:

  • Assets cannot be transferred without probate.

  • Legal action may arise from heirs due to unfiled probate.

  • Issues regarding the Will may remain unresolved.

To avoid probate, individuals can place assets in a Trust or utilize small estate provisions in certain states. Proper planning is essential, as waiting to see what happens without filing can lead to complications. Our office can effectively address any legal questions about probate. If you have any questions, please fill out the following form below and a probate lawyer from our office will get back to you.

Stevaughn Bush
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