Is Probate Always Necessary?

Probate can be a complex and time-consuming affair, and if the decedent has left a will that seems to be in order you may be wondering why probate is necessary at all. However, you must consider that there may be people that wish to contest the will for various reasons, and the court has a responsibility to give these people a fair chance to contest. Probate is also necessary to validate the will and ensure that it was indeed written by the decedent and that the decedent was of sound mind when he wrote it.

If the decedent left a substantial estate then there is a chance that long lost relatives may come crawling out of the woodwork. Even though the decedent may have made it clear in the will who the beneficiaries are, one of these relatives may want to question the validity of the will, and has the legal right to do so. This is something that would come under the probate process.

When determining the validity of a will, there are a number of considerations that the court must take in to account. They must ascertain whether the will is actually the most up to date and recent will, and that there is not a more recent one that would then invalidate the old one. The probate process is also used to ensure that the will was made by the decedent and that he was of sound mind when he wrote it. The courts cannot rule out that the will might have been made under influence or is in fact a fraud, and this must also be checked.

Probate is necessary for a number of other reasons other than dealing with the validity of the will and with possible contesting of the will. It is also used to ensure that the estate left by the decedent is distributed fairly and legally, in accordance with the deceased’s wishes.

During the probate process, the value of the estate and assets of the decedent will be confirmed and probate also deals with any liabilities that the decedent had at this time of death. This includes taxes as well as loans, mortgages and other loans to creditors. The probate process enables these creditors to file a claim to recoup their money, and the creditors are normally given a certain time frame within to do this. This can often delay the distribution of the will as some creditors may not come forward until the last minute. However, it is a necessary part of the process.

Probate will also ensure that any land, property or businesses left to beneficiaries on the will are legally and properly transferred to the said beneficiary. Again, this is another necessary part of the probate process. Locating beneficiaries is also included in this process, as not everyone names on the will may be aware that the decedent has even passed away. This is another time-consuming but necessary part of probate.

So, although the decedent may have left what appears to be a valid will, there are many considerations and processes to be considered through the probate process before the will can be actioned and the estate distributed.

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