Unlocking the Mystery: When Does an Estate Require Probate?
When a descendant passes away, the distribution of their property can be determined through a will or by the probate court if no will exists. In the absence of a will, the court appoints a Personal Representative to follow the laws of Descent and Distribution, typically based on hereditary succession. The probate process involves collecting the descendant’s assets, settling debts, paying taxes, and distributing property to heirs. State laws govern probate procedures, which have been subject to debate and reform since the 1960s. Assets that typically go through probate include solely owned properties like real estate and vehicles, as well as shared properties owned by the deceased person in another’s name. Executors may need to initiate court proceedings for assets
