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Why, who, what, is probate and does every will / estate have to pass through this "prestep" to the executor moving forward with the dictates of the will ?? Bob
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Probate is a legal proceeding that occurs to execute upon a decedent's will. Usually the executor files the application to probate. Sometimes other interested parties file the application, though. The probate is filed so that the assets in the decedent's estate can be legally transferred to the beneficiaries named in the will. Not all wills must be probated. In order to probate a will, there should be assets subject to probate. In other words, there are quite a few other ways to transfer the assets during the lifetime of the decedent.
Additionally, depending upon the facts regarding the decedent's estate, there are different ways to administer the estate. Probating a will is merely one of them. You should contact an attorney for more specific information regarding your matter.
Answered on Mar 24th, 2015 at 7:58 AM