What happens if no probate

So what happens if someone dies without any distributable assets? If you are aware that someone has died with a will, regardless of their financial situation, most states require that you file that will with the probate court. Filing a will is just that—filing the will.

If you knowingly fail to file an existing will, you could be liable in both criminal court and civil court for damages resulting to any party who would have benefited from the estate. Potential beneficiaries and creditors have a right to be made aware that they may have an interest in the estate. Either way, the person in charge can hire a lawyer to help with the court proceeding , and pay the lawyer's fee from money in the estate. Typically, many of the assets in an estate don't need to go through probate.

If the deceased person was married and owned most everything jointly, or did some planning to avoid probate, a probate court proceeding may not be necessary. In addition, most states offer simplified probate proceedings for estates of small value.

The simpler process is commonly called " summary probate. Because you count only the property that must go through probate—and exclude property that was jointly owned or held in trust, for example—some very large estates can take advantage of the "small estate" procedures.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The executorship of a will comes with a lot of responsibilities and duties. Here are the basics so you'll know what to expect. Knowing what probate actually involves will help ease your fears about the process, one that isn't always as complex as you might think. You know having a last will is important—it protects your family and provides for your final wishes.

Now that you're finally sitting down to write that will, be on the lookout for these common but easy-to-avoid mistakes. Whether you're an executor, administrator, or heir to a probate estate, you probably want to know—just how long is this going to take? Read on. Whether a living trust is better for you than a will depends on whether the additional options it provides are worth the cost.

Living Trusts. Taking a few steps now could mean saving your estate — and your loved ones — valuable time and expenses later. Avoiding the probate process can save money, speed up the transfer of assets to beneficiaries, and preserve family privacy. Some actions for avoiding probate are fairly simple, but others may require the assistance of a knowledgeable estate planning, tax and probate attorney. Because an estate cannot be distributed to the beneficiaries until the will is probated, the length of time of the probate process directly affects beneficiaries.

A living trust is an easy way to plan for the management and distribution of your assets, and you don't need an attorney to do it. What Does Probate Mean? When Does Probate Apply? How to Avoid Probate It is possible to avoid probate entirely with careful planning. About the Author Brette Sember, J. Up to 4 Executors can be named in a Will, but some people may only name 1 or 2. The Administrator of the Estate is decided by something called the Rules of Intestacy. You may need to contact the asset holders of the person who died, such as their bank or mortgage provider, to see if you need to provide a copy of the Grant of Probate to access their assets.

Currently, the Probate Registries are taking approximately 8 weeks to process Probate applications, after which they will issue the Grant. But if the Registry raise an enquiry which needs to be addressed, this will delay your application.

The timescales will then depend on the turnaround time for the particular Registry who is dealing with your application. It usually takes a further 8 weeks for the Grant to be issued from when the enquiry has been dealt with.