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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33204
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Does a last will and testament have to go though probate c

Customer Question

does a last will and testament have to go though probate court
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..does a last will and testament have to go though probate court.Yes, the will is basically a directive to the person who is asked to be executor/personal representative to administer the deceased's estate and distribute their assets as directed..But the executor/PR doesn't have any legal authority to act until they are formally appointed by a probate court judge after filing a probate petition and admitting the will to court for probate..Until the potential executor/PR does that, they don't have any legal power to gather assets, pay debts, file taxes, and then distribute the estate to the beneficiaries of the will..The only time it wouldn't have to go through probate is if the deceased owned all their assets jointly with someone else so when they passed the survivor would automatically become the sole owner of those assets. (i.e. jointly owned real estate, bank accounts, etc.)..thanksBarrister

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