Category: Probate Articles

Yes, a will can be contested after probate, but only on specific legal grounds and within a strict deadline set by state law. Common grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. In Texas, for example, the deadline to contest a will is generally two years from the date it was…

Yes, a revocable trust avoids probate for any asset that is properly transferred into it. Once an asset is titled in the name of the trust, it is no longer owned by you individually, so it passes to your beneficiaries through the trust’s terms instead of through probate court. The trust only works this way…

Yes, property can be transferred without probate using several well-established legal tools. A living trust, joint ownership with right of survivorship, a transfer-on-death deed (where the state allows it), and payable-on-death or transfer-on-death designations on financial accounts can all move assets directly to beneficiaries without court involvement. Which option makes sense depends on the type…

During probate, a house is legally owned by the deceased person’s estate, not by the heirs named to inherit it. Even if a will clearly names who should receive the property, that person does not hold legal title until the executor completes probate and the court approves the transfer. Naming your beneficiaries clearly in a…

If a sibling refuses to sign required probate documents, the court can still move the case forward without their consent. A refusal can delay the appointment of the executor and the distribution of assets, but a probate judge has the authority to issue orders that let the estate proceed, even over one heir’s objection. Family…

Probate is the court process that validates a will (if one exists), appoints an executor or administrator, and oversees paying debts and distributing what remains to heirs and beneficiaries. It typically runs from a few months for simple, uncontested estates to a year or more for larger or contested ones, following the same basic stages…

Is estate planning different in Florida? What is summary probate? Find out how Summary Probate is revolutionizing the probate court process for small estates, offering a simple way to execute final wishes. Keep reading to learn more!

What does it mean to probate a Will? Is it necessary to probate my Will? In this article, we’ll outline everything you need to know about the probate process! Keep reading to learn more!

What is probate? How do I probate my Will? In this article, we’ll walk you through the meaning and steps for the probate process. Along with tips to ensure that the probate process is smooth and stress-free for your loved ones. Scroll to learn more!

What are myths and truths about Wills and probate? In this article, we’ll discuss common myths followed by truths about Wills and probate. Keep reading to learn more!