Simple question

I don't know the answer. What happens if a will is never probated and never contested, but assets are distributed in accordance (or not) to the will?

What is the name of your state (only U.S. law)? OR

curb1 said:

I don't know the answer. What happens if a will is never probated and never contested, but assets are distributed either in accordance (or not) to the will?

What is the name of your state (only U.S. law)? OR

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You would really need to give more details...

What more information is needed? I thought it was a very straight forward question.

curb1 said:

What more information is needed? I thought it was a very straight forward question.

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It's not...

For example. Bob has a will leaving all of his earthly belongings to one of his two children. Bob has no debts and no assets except for a $10 bill.
Bob's two children decide to share the cost of burial and to split the $10 ($5 each).
There is no problem.

You need to be more specific in what you are asking.

ETA: Assume that Bob has no other living relatives and that his wife predeceased him by 30 years.

Is it homework season already?

Using your example, "Bob has a will leaving all of his earthly belongings to both of his two children. Bob has no debts and various assets including a $10 bill, $60,000 in jewelry, a nice $80,000 boat, and a coin collection worth $62,000. Plus, he had household goods worth over $25,000.

Bob's two children decide to share the cost of burial and to split the $10 ($5 each) and all of Bob's "earthly belongings". No one files probate and no one contests the will.

Is there still "no problem"?

cyjeff,
I asked the question because this is a question that has never been addressed (to my knowledge) on this forum in the four years that I have monitored. This question has bounced around in many posts, but not directly addressed. I don't know the answer. If you know the answer, what is it?

curb1 said:

Using your example, "Bob has a will leaving all of his earthly belongings to both of his two children. Bob has no debts and various assets including a $10 bill, $60,000 in jewelry, a nice $80,000 boat, and a coin collection worth $62,000. Plus, he had household goods worth over $25,000.

Bob's two children decide to share the cost of burial and to split the $10 ($5 each) and all of Bob's "earthly belongings". No one files probate and no one contests the will.

Is there still "no problem"?

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Well, as long as there are no assets that have to be re-titled and the creditors are taken care of, then Bob's kids can probably get by with it.

I imagine that the boat might be a problem.

Thank you. So as far as the government (any government) is concerned, there is indifference if a will/estate is probated? It is only necessary when assets need to be re-titled? Or, a contested estate?

curb1 said:

Thank you. So as far as the government (any government) is concerned, there is indifference if a will/estate is probated?

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Well, put it this way... I know of no jurisdiction that goes running around seeing if probate has been opened for everybody that has passed away.

It is only necessary when assets need to be re-titled? Or, a contested estate?

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No, that is not what I said. I said that they can probably get away with it.

In the same way that I can gift $50,000 to one of my siblings and not file a gift tax return. The probability is very, very low that I'll ever hear a thing about not filing the gift tax return. Does not make it right. Only that it likely won't ever cause me grief.

OK, but this is getting to the heart of my question. Is there a law (in most states, or any state) that says "you will file probate". And, if you don't, "such and such" will happen to you.

curb1 said:

OK, but this is getting to the heart of my question. Is there a law (in most states, or any state) that says "you will file probate". And, if you don't, "such and such" will happen to you.

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If you mean in the sense of "Come hell or high water, necessary or not, you will open proabte," then "No, I don't know of any state like that."

But probate is the legal method to take care of the deceased's final affairs and distribute any property - except for the various alternatives offered in various states for small estates.

Under the right set of circumstances - like nothing that would require providing the proper authorization to act from the probate court - the survivors can get away with it. But, as you see often on this forum, there is always the unexpected lurking out there. Probate provides protection from the unexpected rearing its head.

So there is no legal compelling reason for an executor to submit a will to the probate courts unless the will is contested? I'm not trying to be difficult, but this is helping me understand something that I have never had explained to me.

I notice that this is Post 666 for you. The Mark of the Devil. You have become possessed.



Except that:

1) Almost everyone has some sort of asset that will require re-titling in order to distribute it to the heirs/beneficiaries - real property, bank accounts, vehicles (although many states offer a simplified way of taking care of them), etc. And, to do that, letters of adminstration/testamentary from the court will almost certainly be needed.

2) Probate, properly done, almost always provides finality. The previously unknown, but legitimate, creditor coming out of the woodwork a couple years down the road generally can't cause a big headache if the estate has been properly administered and closed.

But, no, there is no court clerk in a poorly-lit room correlating death certificates and probate cases and tracking down the nominated executor or next of kin to find out why probate was not undertaken.

Thank you, I've got to get off from #666. I have learned something.