A lot of people dread the term “probate” simply because they fear that probate means the court will determine everything. Though the court has a lot of power in probate, there are instances where probate court is necessary during estate planning. Some of the common reasons for probate include, but are not limited to:
- The Will is Invalid – When a Will is deemed invalid due to improper execution, mental incompetence during the drawing up of the papers or influence by an attorney, probate court is necessary.
- No Will or Trust Documents – If the individual does not have a Will or Trust with the courts, probate will determine where the estate will be sent.
- Assets Owned by Deceased Only – If there are no other owners of the estate, the probate court will be required to remove the deceased’s name from the property and replace it with the beneficiary’s.
- No Beneficiaries – In the event the deceased does not list any beneficiaries, probate court will be used to determine eligibility and who will be inheriting the estate or if the estate will be given to the county or state where it is located.