What is probate and when is it required?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is probate and when is it required?
Asked on October 1, 2012 under Estate Planning, New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A probate is a legal proceeding when someone passes with a Will in effect. In a probate proceeding, the Will is submitted to the court and certain required proceedings with notice are gone through where creditors of the decedent are given notice of the passing and an oppotunity to make a claim, the assets and liabilities of the decedent are accounted for and the beneficiaries under the Will are given their inheritance after associated costs and creditors are paid.
A probate is required whenever a person dies with a Will in effect and no trust.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.