Do you need a probate case if the decedent did not own property when he or she passed away?

The answer in most cases is no. The purpose of probate is to make sure that property gets to the correct people after a decedent has passed away. If the decedent did not have property in his or her name when they died, or if the property was held jointly with another person such that it passed to that other person automatically. In those circumstances, there is no need for a probate case.

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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