Does a Will have to go through probate?

Asked on August 22, 2013 under Estate Planning, West Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, a Will does not have to go through probate unless there is to be the transfer of the ownership of assets owned by the testator (i.e the person who wrote the Will) to their beneficiaries. Additionally, many states provide other options for doing this through simplified estate procedures for small estates.

Typically, probate is required for larger and complex estates with multiple assets (that having been said, there are ways to avoid probate even in these instances).

Your bet bet is to consult directly with a local probate attorney; they can best advise based on the specific details of the estate.

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