Is probate necessary for every individual who passes away?

No! Even if there is a will, there may not be a need to probate it. There are several instances where probate may not be necessary:

  • If the decedent’s estate is entirely composed of non probate assets.
  • If a viable probate alternative exists.

Note that “I/Mom/Dad/Sister is not having trouble accessing accounts or having any other trouble” is not a reliable method of determining probate is unnecessary. It is better to get professional advice about the necessity of probate before a decision is made to do nothing…especially if the decedent had a blended family.

What if the decedent died without a will? Unless the decedent’s estate is entirely composed of non probate assets or unless a viable probate alternative exists, an estate administration may be necessary to appoint someone to wrap up the decedent’s affairs, deal with a decedent’s creditors, and collect and distribute a decedent’s assets.

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