You would really need to give more details...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
It's not...What more information is needed? I thought it was a very straight forward question.
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.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"?
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.Thank you. So as far as the government (any government) is concerned, there is indifference if a will/estate is probated?
No, that is not what I said. I said that they can probably get away with it.It is only necessary when assets need to be re-titled? Or, a contested estate?
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."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.