Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Does Every Will Go Through Probate in Cherry Hill?

Posted on Thu Dec 20, 2018, on Probate and Estate Administration

Probate Lawyer Cherry Hill, NJ

When people hear the word probate, they may respond with a confused expression and have no idea what this entails. Probate is a common legal procedure. Probate oversees a person’s assets passing to beneficiaries or heirs. Not every will goes through probate. The majority of people have humble to moderate sized estates, in which probate is just a formality. On the contrast, those with particularly large estates may have their assets go through probate. All in all, you can think of probate as a judge providing permission for the decedent’s assets to be passed on.  This is true whether there is a last will or not.

What if someone did not leave behind a will?

If a decedent had written a will, then it is required that the provisions listed are carried out through Probate. Probate can also happen when a person passes without a will and has assets to be distributed. If the deceased left behind property, money, and belongings without a will, then these assets will pass based on the law of intestacy. In cases where the decedent had listed a beneficiary on a retirement account, then it shall be distributed to this person accordingly. But, if the beneficiary listed passed away before the account owner, probate law necessitates that this account goes passes under Will’s terms. So it is important to regularly review beneficiary designations.

Is it possible to skip or avoid probate?

Many people do not like the idea of their estate and assets potentially going through probate court, and being impacted by intestacy laws after passing away. If the decedent did not arrange for these assets to go somewhere, then the law steps in. Those who want to help prevent their surviving loved ones from an extensive probate process should consult with a Probate Lawyer. Learn how to protect your legacy.

Ways to keep your assets from going through probate can include:

  1. Establishing a revocable living trust.  The creator places her assets into a trust which the creator uses until death. After death, these assets are then passed on to trust beneficiaries and probate is not needed.
  2. Life insurance policies and retirement accounts can pass without interference from probate. Who you list as beneficiary for these accounts, shall receive the death benefit straightaway.
  3. Having joint tenants for real estate, so the property legally as two owners. After the first owner passes on, the second automatically becomes the owner in his or her place.

As a family member, will I be involved in the probate process?

There may be instances where family members have contact with the probate court about their loved one’s remaining assets. During probate, it is not uncommon for family members to talk with a lawyer. It is best to find a Probate Lawye4r familiar with this proceeding for advice, guidance, insight, and support. It can be an emotionally-charged time, so relatives of the deceased may seek legal support from a probate lawyer Cherry Hill, NJ relies on at Klenk Law along the way.

Tags:

Probate, Probate Attorney, Probate Lawyer

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Dylan Small

Peter provided outstanding advice and preparation of a will and trusts.

Klenk Law Logo
Stars

Klenk Law is an exceptional practice. Their fine lawyers and staff team up to produce excellent results for their clients. They excel at explaining the often cryptic laws and policies that govern estate planning right down to the complexities of the various "trust" frameworks. Peter himself manages each client together with his great team, and he has a rare quality to be both a walking encyclopedia of planning minutia and also one of the most likable lawyers I have ever had the pleasure of dealing with. He is truly generous in intellect and in his personal approach to getting the "big picture" for complex family structures. I trust him implicitly to help me make the right choices for the future. In short, Klenk Law is a gem of a firm.

Klenk Law Logo
Stars

Rachel Roney

Peter has done a great job with the estate planning for my father. He is very thorough and patient as we, the family need to make decisions.

Klenk Law Logo
Stars

Chantee C.

Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!

Klenk Law Logo
Stars

Albert A.

You & your staff are the best thank you for everything.

Let us put our expertise to work for you.

Free consultation within 24 hours.