Is probate necessary when there is only one beneficiary?

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.

Quick Question Corner is a video segment where we answer common questions about estate planning and elder law. If you have similar questions, leave them in the comment section and we can feature them in one of our videos in the future.

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