Who Decides If Probate Is Needed?

Probate is the legal process of wrapping up a person's affairs after death. This includes distributing their assets, paying debts and taxes, and resolving any remaining legal issues.

The probate process can be long and complicated, and it often requires the help of a lawyer. In most cases, probate is handled by the executor of the deceased person's estate. However, there are some situations where probate may be required even if there is no executor.

For example, if the deceased person owned property in more than one state, probate may be necessary for each state. Probate may also be required if the deceased person dies without a will (intestate). In these cases, it is up to the court to decide who will manage the probate process.

Published: Dec 8, 2023

Updated: Nov 19, 2023

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This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

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