Business & Finance Renting & Real Estate

Why Does a Will Go to Probate?

    Will Validity

    • Wills presented after a death are not always valid. For example, if a deceased amended his initial will, then the second version of the will, not the first, usually is the valid will. Another instance of an invalid will is if the will is made under duress. Part of the probate process is to determine if a given will can stand. Without this information, it becomes difficult for the executor of the estate to distribute assets related to the estate properly.

    Following the Law

    • Every jurisdiction handles probate slightly differently, and sometimes, friends and loved ones of the deceased want the estate handled in particular --- and conflicting --- ways. When you probate a will, you have a clear understanding of the regulations you have to follow in settling the estate, which is useful in diffusing disputes between heirs.

    Publicizing the Death

    • When a will goes into probate, it becomes a matter of public record. This means creditors have the opportunity to make a claim against the deceased's estate. Usually the probate court notifies heirs listed in a will, as well, making it easier to distribute property and, if necessary, to submit an objection to the will. You also can get documentation from the county clerk that the will is going through probate, which can serve as evidence of death when trying to contact insurance companies and utility/service providers. Later, these public records are useful for genealogy purposes.

    Taxes

    • After someone dies, the probate court helps assign a tax number to the estate --- the government considers the estate a separate taxpayer/entity. This federal tax ID serves as additional evidence that the owner of the estate has passed away and makes it easier for attorneys and tax agents to reference the estate.

    Accountability

    • Perhaps one of the biggest benefits of probating a will is that the probate court oversees the work of the estate executor. The executor must submit receipts to the probate court showing distribution of estate funds or income made from the sale of estate property. If the executor can't account for funds related to the estate, the probate court may suspect fraud and will investigate the executor. All those who work on the will, including the executor and the attorneys of the probate court, have a fiduciary duty to the deceased and his heirs. In other words, a probated will reflects a financially protected estate in which distributors are held accountable.

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