Does A Will Always Need To Go Through Probate
Probate is the legal process of administering the estate of a deceased person. It involves proving that a deceased person’s will is valid and authentic. Many people wonder whether a will always needs to go through probate. Here, we will explore this question in detail.
What is Probate?
Probate is the court-supervised process of distributing a deceased person’s assets according to their will or the law if there is no will. The executor named in the will is responsible for managing the estate during probate.
When Does a Will Need to Go Through Probate?
In general, if the deceased person owned assets solely in their name, probate is usually required. Assets held in joint tenancy, assets with designated beneficiaries (such as life insurance policies or retirement accounts), and assets held in a trust may not need to go through probate.
FAQs
1. Can a Will Avoid Probate?
A properly drafted will can help streamline the probate process, but it does not completely avoid it. Probate may still be necessary to transfer assets solely owned by the deceased.
2. How Long Does Probate Take?
The duration of probate can vary based on the complexity of the estate and any challenges that may arise. It can range from a few months to several years.
3. Do All Wills Go Through Probate?
Not all wills need to go through probate. If the deceased’s assets are held jointly with rights of survivorship or have designated beneficiaries, probate may be avoided.
Seek Legal Advice from Wright Street Lawyers
If you have questions about probate or estate planning, contact Wright Street Lawyers in Adelaide, South Australia. Our experienced team specialises in family law, estate planning, probate, and criminal defense. We can provide you with client-focused guidance and representation to navigate the legal processes effectively.
Call us today at [phone number] or email us at [email address] to schedule a consultation.
