Do you have to do Probate when some dies?
Hi, I’m Gary the founder of DeWitt Law. We help with Probate. If you need Probate help, go to DeWitt.law to schedule a time to talk to us.
The short answer is no, you don’t have to do probate when someone dies.
However, the property will remain in their final estate indefinitely unless it passed outside of probate. The title to their real estate can be “clouded.” This means that who owns the property is in question.
Without Probate after somebody dies, bank accounts will be frozen and the money stays in the account. Real estate can’t be sold without Probate to create a clean “chain of title.”
Probate is the legal process that happens after death to pass title and ownership of the decedent’s property to the decedent’s heirs. If Probate doesn’t occur, then ownership stays where it was – in the decedent’s estate.
That’s a long-winded way of saying ownership doesn’t pass on without Probate.
Probate after somebody dies makes sure the Will is valid and gives legal ownership of the property to the heirs so they can take possession of the property and money.
In Arkansas, you have five years to start Probate. After that, the estate will pass to the heirs as determined by state law. If there was a Will, you were executor, and didn’t probate it, then you could be sued by the heirs if the Will would have had a different result.
No, you don’t have to do Probate when some dies, but it is highly recommended that you do. Without Probate, legal title to the property stays in the estate indefinitely.
Most if not all these Probate issues can be avoided by having a plan to avoid Probate.
If you need help with Probate, we can help you get through it step by step. Go to DeWitt.law to setup a time for your free chat.