Why is probate necessary?

Why is probate necessary?

If you own any property, that property will somehow need to be transferred after you pass away. There are a variety of methods to accomplish this, the most common of which involves a Will and probate. If you had not previously transferred your property by another means, and if your property is not held in a Trust, probate provides a safe and secure method for ensuring that your property is legally transferred to your family.

Also, from a public policy standpoint, estate planning documents such as Wills and Trusts, and the associated property transfer processes, protect you and your family. Without such planning or formal procedures, the state will distribute your property according to statute, or family members could make a claims to your property after you pass away. Those claim smight prove frivolous and unsuccessful, but, as you can imagine, this leads to disputes, which overwhelm the courts, and which also disadvantage rightful heirs and beneficiaries who struggle to otherwise afford to defend their rights.

In other words, estate planning, property conveyances, and probate legally ensure that your property belongs to your family, to your church, or to your charity—whomsoever you may desire.