In a word: yes. Even if
the testator passed away with a comprehensive and enforceable will,
and even if there is little to no question as to the validity of its
provisions, chances are your estate planning lawyer will still tell
you that a probate proceeding is necessary. Why exactly is this so?
Asset Transfer
Process
If the decedent died
with sole ownership over some assets, the only way that these
properties can be transferred in the name of their new owners is
through probate proceedings. If there are co-owners on the other
hand, provided that they have a joint tenancy contract, most
state laws dictate that the property’s ownership is immediately
transferred to the surviving co-owner.
Life Insurance
Benefits
Life insurance or other
‘payable-upon-death’ type of account or investments don’t
always require the owner to jot down the names of beneficiaries. When
this is the case, or if all the written beneficiaries have died
before the testator, then the policy will have to go through probate
court to determine the beneficiaries, or if the payable will default
to the state.
Start of Probate
Period
As a matter of fact,
the filing of the original will and the certified death certificate
itself begins the probate process, so there really is little choice
but to take things to court. In this step, the court will already
assign a case number for the estate proceedings and will appoint an
executor (unless the testator has pre-appointed one).
