Does a will have to be probated?

[Lyndacan]

What is the name of your state?North Carolina

If the property and car are not in the name of the deceased and the bank account was a joint account, does the will have to be probated? Can't the property be sold and the bank account be divided as instructed in the will without probate court being involved?

 

[seniorjudge]

"If the property and car are not in the name of the deceased and the bank account was a joint account, does the will have to be probated?"

Land, car, bank account, etc. are all property. Anyway, if all of this stuff was not in the name of the deceased, then there is nothing to probate in the name of the deceased.


"Can't the property be sold and the bank account be divided as instructed in the will without probate court being involved?"

I am assuming that the second question concerns a different decedent since, in the first question, you said the decedent owned nothing. The answer is yes, if all the heirs agree to do it that way.


There are tons of ifs, ands, or buts here, believe me. This is just an extremely general answer.

 

[Lyndacan]

"If the property and car are not in the name of the deceased and the bank account was a joint account, does the will have to be probated?"

Land, car, bank account, etc. are all property. Anyway, if all of this stuff was not in the name of the deceased, then there is nothing to probate in the name of the deceased.


"Can't the property be sold and the bank account be divided as instructed in the will without probate court being involved?"

I am assuming that the second question concerns a different decedent since, in the first question, you said the decedent owned nothing. The answer is yes, if all the heirs agree to do it that way.


There are tons of ifs, ands, or buts here, believe me. This is just an extremely general answer.

Do all of the contents of the house and outbuildings have to be listed as belonging to the decedent if the property was in someone else's name? In other words, do the contents automatically belong to the owner of the property?

 

[BlondiePB]

Do all of the contents of the house and outbuildings have to be listed as belonging to the decedent if the property was in someone else's name?

The contents belonged to the decedent; thus, the contents are listed as the decedent's property.

In other words, do the contents automatically belong to the owner of the property?

No....see above.

 

[Dandy Don]

Exactly whose names are on the title/land deed? Why would it be listed in the decedent's will if that person has no ownereship of it?

If her name is on it, then probate is needed to officially get names of new owners/heirs transferred to title.

DANDY DON IN OKLAHOMA ([email protected])

 

[Lyndacan]

North Carolina
The decedent had put the deed in his son's name. Do the contents of the buildings have to be probated, or can they be distributed evenly with the consent of all the involved parties without going through probate?

 

[BlondiePB]

North Carolina
The decedent had put the deed in his son's name. Do the contents of the buildings have to be probated, or can they be distributed evenly with the consent of all the involved parties without going through probate?

Whether or not the contents of the deceased's property has to be probated is how much is the total value of all the contents. This amount varies from state to state as well as how much of the contents are exempt. You should be able to learn what these amounts are by reading your state's probate statutes.