Why do I have to Probate a Will?

 

Why do I have to Probate a will?

Why do I have to Probate a will?

Until a Court admits the Will to probate, it has no effect. It is just a piece of paper. When the Court signs an order “admitting the Will to probate,” the Will is activated and conveys the property of the deceased person to the persons named in the Will. The transfer of property occurs at the moment of death. The first duty of the person named as Executor is to offer the Will for probate, and the Court may compel the possessor of the Will to deposit the Will with the County Clerk. After four years, the Will cannot be admitted to probate unless the heirs are notified and consent.

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