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FAQ - Probate

Is probate necessary?

If the person who died did not have any property to transfer, probate is usually not necessary. The survivors of the dead person may use probate if there are debts owed, a home to transfer, or if there is a need to set a deadline for creditors to ask for money.  When there is property to transfer, the probate process provides a way to distribute the estate property to the heirs of the dead person.  Certain types of property are not required to go through probate.