Do you have to go through probate if there is no will?

Answer 1

When a person dies without a will, their belongings are said to be intestate, and the case will be probated. If there is no money, property, or jewelry that the person wants to leave to someone, it is best to settle in probate for any possessions.

Answer 2

No, at least not in New Jersey. The purpose of a will is to transfer or give property that was owned by a decedent to others that he has chosen. If there is no property to be transferred then there most likely is no need to probate the will unless there is something that needs to be done by an executor that does not involve a transfer of property. An example would be if a tax return had to be filed on the decedent's behalf. An executor might be required to be the person to sign it even though there are no assets to be transferred. This answer is for informational purposes only and not intended to be legal advice.

Answer 3

If the decedent left real property an administration must be filed in probate court, and allowed, in order to vest title to the property in the heirs. The property cannot be sold until the heirs have legal title. You should seek the advice of an attorney in your area.

Answer 4

The purpose of probate is to allow for an orderly, legal transition of the assets of the deceased to his/her heirs. Those heirs can be named in a Will, or, if there is no Will, then they are determined by the laws of intestacy of the jurisdiction where the deceased resided. Probate is usually needed in either case.

Answer 5

When there is no will the estate is distributed under the state laws of intestacy. The probate court must appoint an administrator who has the authority to settle the estate according to the probate laws, the laws of intestacy and under the supervision of the probate court. Legal title to real estate cannot pass to the heirs unless the estate is probated.

Answer 6

Not necessarily, it depends if the deceased has any assets. In the UK if the estate is under £5k probate is not generally required.

Answer 7

Unless the value of the estate is very small, yes. That makes sure all the debtors are satisfied and that the will is executed properly. It also makes sure the appropriate taxes are paid.

Answer 8

Yes, it is really important for the will to go through probate. That is the only way to resolve debts.

Answer 9

If there are no debts or assets, probate is not necessary. The only other thing would be if there needs to be tax forms filed.

Answer 10

Answer: The heirs must share the expense of probate if there is no money to pay those expenses.