Do You Need to Probate if there's a Will?

Many people wonder if you have to go through probate if a will is involved. While it might seem inconvenient, you do need to go to a probate court even if you are in possession of a will. Here are two reasons that you will still need to go to probate:

Validity

One of the most important reasons that you will need to go to probate is so that the court can prove the validity of the will. Until the probate court says that the will is valid, nothing from the will can be enforced. They will look at all of the necessary elements of validity such as making sure that it was signed according to state law and then they will say that it is valid.

Real Estate

If the deceased owned real estate in their name, you will definitely need to go through the probate process before you can sell the property. Until that piece of real estate has gone through the probate process, you cannot say that it has "clear title." Without having clear title, no one is going to want to purchase this piece of property because of the potential legal ramifications that could occur in the future.

blog comments powered by Disqus