What is probate?

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What is probate?

What does it mean when an executor of a will contacts next of kin to probate?

Asked on June 11, 2009 under Estate Planning, Virginia

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This means that  the decedent died and certain assets were not given beneficiaries. Normally Probate means that the decedent died with a will and the will is being introduced to the court to be accepted. All possible heirs that would inherit without a will have to be notified and given an opportunity to contest the terms of the will if they have sufficient grounds to do so, such as incompetency of the decedent at the time the will was made or coercion or undue influence

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It means (unlike a trust) that the probably didn't directly transfer to the heir (as in a joint bank account or joint tenancy for a home).  It could also mean a gift lapsed or failed.

Here is some great information for you:

https://law.freeadvice.com/estate_planning/probate/

 

https://law.freeadvice.com/estate_planning/probate/614/


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