Do you have to file a probate?

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Do you have to file a probate?

Asked on September 19, 2012 under Estate Planning, Texas


Brad Micklin / The Micklin Law Group

Answered 11 years ago | Contributor

Yes, if there is any property whatsoever to an estate. If there was a will, you file for executorship and if there is not a will you file for administration. Whether or not there are significant assets, I always recommend filing for probate. This will give you letters from the court that have authority to transfer any assets that remain, satisfy any debts that are outstanding and file both the decedent's as well as the estate tax return, which is generally always required.

If you want to speak with an experienced attorney who is familiar with these areas of law, call us at 973-562-0100.  Our firm is concentrated in family law and estate planning case.

Good luck.

Brad M. Micklin, Esq.

The Micklin Law Group

187 Washington Ave., Suite 2F

Nutley, NJ 07110


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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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