Estates Made Simple

What is Probate and When is it Needed?


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In this podcast episode, Gordon and Jenna discuss the probate process and when it is needed. They clarify that probate is required when someone dies with a will, and it allows the court to validate the will and grant legal authority to the executor to administer the estate. The hosts also explain the importance of having a lawyer in the probate process, particularly in assessing who is entitled to notice and reducing the risk of mistakes. 

Key Points:

  • Probate confirms the validity of a will and grants legal authority to the executor to administer the estate.
  • Probate may not be needed in all cases and is typically required to transfer land and manage financial assets of substantial amounts.
  • Financial institutions are increasingly requiring probate, even for smaller accounts, as it is a risk mitigation strategy.
  • The probate process usually takes 6 to 8 weeks when filing a paper application with the surrogate court.
  • A lawyer can help in assessing who is entitled to notice and reducing the risk of mistakes in the probate process

Hosts:
Jenna Carvalho
The smartest way to choose an executor.
Guardian Estate Company
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Gordon VanderLeek
Give your family a legacy of protection - Wills, Estates and Trusts.
VanderLeek Law
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Estates Made SimpleBy Jenna Carvalho & Gordon VanderLeek