Will of a deceased?

Question

Under what circumstances does the Will of a deceased NOT go through probate.

Answer 1

If the deceased left no assets that must be probated or if it is a small estate and the state where it is administered has a procedure for waiving probate on small estates.

For instance, many people have their homes, cars, bank accounts, etc. jointly owned with their spouse and/or children which will pass to the survivors automatically. In such cases they may leave no substantial assets to be probated.

Answer 2

For a will to go through probate, the testator must be dead, usually verified by death certificate though some states have presumptions of death if the person is missing for many years.

Also, the will must be properly drafted and either observe the required formalities (for attested/witnessed wills) or be handwritten (for holographic wills). The specific requirements vary by state.

Finally, remember that there are many types of property that don't pass by will, such as property held in joint tenancy with rights of survivor ship, or insurance policies where the beneficiary is defined by contract. But those don't affect whether the will will be probated or not, just whether that property is controlled by the will.

Answer 3

A will will never be probated unless someone petitions the Court to have that done.