Must an estate be probated?

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Must an estate be probated?

My mom passed 2 years ago and my dad 7 months ago. He had a Will made leaving everything to me and my 2 sisters. We agree on everything. Our dad had stock and the stock broker told us because he didn’t take mom off of them we have to probate it and prove she was dead. Also, my dad didn’t have any bills and his hospital bills we paid.

Asked on February 10, 2014 under Estate Planning, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Probate is a legal document. Receipt of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court (surrogate court) decides the legal validity of a testator's will and grants its approval by granting probate to the executor. The probated will becomes a legal instrument that may be enforced by the executor in the law-courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However,through the probate process a will may be contested.

Answer: If your mother had a Will, her estate must be probated.


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