Why would something go to probate?
Probate is one of those necessary evils that no one wants to think about. When someone passes away, they have certain assets that they leave behind: their house, their car, and anything else of real monetary value that isn't a gift or inheritance. These assets come under the umbrella of what's called an estate. When someone has a mortgage on their house, the bank functions as the executor of the estate and will take over making sure all of the bills are paid for the deceased person—the bank doesn't want to risk not getting paid back for its loan. The executor will usually take action once it's been established that there isn't a living spouse or other close relative who can fulfill these duties.
So why would an asset go into probate? The main reason is if there are no living heirs (spouses, children) when someone dies. The person who died has no one to leave his assets to, and so they automatically go through probate, a process in which the court oversees the distribution of the assets to ensure that nobody is taking advantage of anyone else or being swindled out of any part of their rightful inheritance.
If you need an Estate Law Attorney, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
