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GenXLaw.com

Thoughts about legal issues that affect Generation X.  Or, really, everyone.

Is Probate Necessary When a Person Dies?

3/30/2020

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This is a very common question, and the answer depends on the specific circumstances.  Probate is the court-supervised process of transferring property from a decedent to the persons entitled to receive it, but it’s not the only means of transferring such property.  If the decedent owned property jointly with another person and there exists a right of survivorship, then such property passes automatically to the surviving owner without the need for probate.  If the decedent owned a bank account that included a “pay on death” (POD) provision, or an investment account that included a “transfer on death” (TOD) provision, then those accounts automatically become the property of the beneficiary named in the provision.  Similarly, if the decedent owned an insurance policy with a named beneficiary, then the death benefit would automatically be paid to the beneficiary.  In most cases, probate is only necessary when there is no other mechanism in place to transfer a decedent’s property to someone else, but probate may still be advisable to protect a decedent’s homestead from creditors or for several other important purposes.  To learn if probate is necessary for your situation, contact McDannold Law today.
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  • Home
  • About
  • Practice Areas
    • Estate Planning
    • Guardianship of Persons with Incapacity
    • Probate & Estate Administration
    • Veterans Benefits
  • Blog
  • Contact