And the answer is it depends. If the beneficiary is the surviving spouse, then the surviving spouse may do what’s called a spousal set aside procedure, which is a short form of probate.
If the beneficiary is not the surviving spouse but is an adult child or other family member, then it’s likely that a probate case will be required.
If the beneficiary is the surviving child who is not yet an adult, meaning the beneficiary is a minor child under the age of18, then a probate case is definitely required.
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