Beneficiaries and Personal Representive

UPDATED: Oct 1, 2022

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Beneficiaries and Personal Representive

I am named as the personal representative and only beneficiaries in the will so would it still have to go threw probate? There is real property involed.

Asked on October 6, 2017 under Estate Planning, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it still has to go through probate: probate is the process which will result in the title being legally transferred to your name (as well as you getting ownership of any assets or personal property). It should be a very straightforward probate, since there is no one else involved--when my father passed, I was his only child and only heir as well as personal representative; while the process took around 8, 9 months plus paperwork, there were no hitches or problems--but you still need to go through the process to transfer title, even if there will be no challenges or disputes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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