Seven myths about wills and probate?

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Seven myths about wills and probate?

Myth No. 1: Probate Is ALWAYS Required for a Will.

No, not all wills require a probate process. There are several exceptions to what must go through the courts regarding wills and probate. For instance, you could avoid probate if you have a modest estate. Also, you can avoid probate if you jointly own assets or property in an irrevocable trust. Remember that every state has different probate laws.

The courts ensure your assets are distributed according to your instructions when a will is probated. Your estate will go through probate if you pass away without a Will. If a beneficiary rejects an inheritance or cannot be located, or if the Will hasn’t been revised in some time and a beneficiary predeceases the person who created the Will, further grounds for probate could exist.

If you carry out good estate planning and take precise, calculated actions to prevent it, a will might not need to go through the probate process. Time, frustration, and pricey legal bills related to the probate procedure can all be avoided by doing this. If confidentiality is an issue, you can always set up the proper Trusts or other instruments to transfer your wealth privately after your passing.

Myth No. 2: The deceased’s assets are up for grabs if a will isn’t filed.

Put, a non-filed Will just slow down the estate settlement procedure. What occurs, though, if a will is not registered? It’s critical to comprehend how probate courts work concerning intentions. Selling an inherited property or writing automobiles remaining in the deceased’s name without a choice is challenging, if not impossible.

When an Executor neglects to submit the Will so, they may adequately start the probate procedure, several terrible outcomes may follow. First, the estate will probably continue to have liabilities like insurance payments and property taxes since the assets do not get to the heirs. Additionally, one can collect debt from creditors. For neglecting to file a will for personal advantage, the Executor charges with a crime.

Myth No. 3: The decedent’s will’s beneficiaries cannot be the executors.

In reality, naming a loved one as both a beneficiary and an executor is extremely frequent. For instance, if you die away before your spouse, you may designate them as the Executor. Alternatively, you can wish to name an attorney as the Executor. One can facilitate submitting the Will to the probate court by using this tactic.

What happens if one does not register a will? It usually postpones the results. It’s also crucial to remember that not all beneficiaries are eligible to serve as executors. This comprises:

  • Participants younger than 18
  • Living abroad who are not related
  • The one who has a criminal record.
  • Any of the things above might prohibit someone from serving as an Executor, even a beneficiary.

Myth No. 4: One must carry out the Will work correctly.

True, but state rules governing wills and probates determine the specific time frame. However, the Executor often has to submit the Will to the court of probate within five years after the decedent’s passing.

How long is a will effective once someone dies? Wills are perpetual. The court implements after the settlement of all legal disputes. This implies that your Will is still in effect until you replace it.

Myth No. 5: The Debts of the Deceased Pass Away.

Sadly, this is also incorrect. The Executor pays outstanding obligations from assets in your estate after you pass away. After deducting funeral costs, debts, and taxes, the remaining assets are then available for distribution to your beneficiaries.

On the other hand, one marks your estate bankrupt if there aren’t enough assets to cover debts and final costs. According to the courts’ established priorities, debtors often receive partial payment. 

Myth No. 6: There won’t be any inheritance disputes because I have one child.

If you and your spouse pass away before your child reaches the age of 21, you can specify in your Will who will take care of them. If you don’t have a will, the family courts could make a choice, and it might not be one you or your spouse would choose.

In addition, some parents could believe that even if their child is of legal age, they may be too young to manage a sizable amount of money. To alleviate that worry, you can name a trustee in a will to keep and manage the kid’s assets until the youngster reaches a specific age or milestone.

Thanks to this, parents may rest easy knowing that there is some oversight and control over how their child will utilize the inheritance.

Myth No. 7: Writing will is simple. Therefore I can create my own.

Wills are subject to strict legal requirements, and committing errors that render a Will void is simple. A family conflict is far more likely to occur when there is uncertainty about a will or when it is invalid.

Professional will write is not expensive, but it might save your estate thousands of dollars if it had to defend itself in court.

An experienced wills advocate will be able to go through your needs with you and ensure that you have taken the appropriate steps to provide for your loved ones.


We think that by now, it is very evident how the probate procedure impacts the estate. Knowing what is true and false can help you navigate the protracted and expensive probate process.

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