Professional Realtors in Huntington, NY

Not necessarily, however, some legal method must be employed to transfer the legal title and ownership of the deceased's property into the name of the beneficiaries and/or heirs. Many states also allow a some types of property to pass to certain beneficiaries free of probate or via a simplified (express or fast-track) probate procedure.

Possibly. In some states, there are processes often referred to as "simplified procedures" that are used for estates whose value is below certain financial thresholds. The limits can be as small as a few thousand dollars or as much as a hundred thousand dollars. It depends on the court of jurisdiction. This is certainly a matter to consult with an attorney about, but if there is real estate involved or there are debts against the estate, regardless of the size of the estate, the full probate process may be required or advisable.

If a person dies without a Will (known as dying "intestate"), the probate court appoints a Personal Representative frequently called an "Administrator" to receive all claims against the estate, pay creditors, and then distribute all remaining property in accordance with the laws of the state.

Joint tenancy with right of survivorship (FTWROS) is a common legal method of defining property ownership when shared with another person, but it doesn't replace a will. Typical, this "survivor" is a spouse, but can apply to other relationships. If one of the owners dies, the other becomes the sole owner of the property. This means that the real estate isn't part of the decedent's estate, and therefore, is not subject to probate. However, all parties should be aware of possible tax liability implications (if any) of such survivorship.

While each state may impose additional or alternate requirements, in general, a valid will must be hand-written or printed and signed by the person who has created it. This person is the "testator" and a will is usually witnessed by two (or more) persons who must normally be "disinterested" parties - meaning they are not named as beneficiaries in the will. Witnesses must also be of "sound mind" (mentally competent). The required number of witnesses may differ by state. The testator needs to have reached the age of "majority" (18 in most states) and also be of "sound mind" (mentally competent) when the will is executed. A married person who has not yet reached the age of majority is usually adjudged legally capable of executing a will. Normally, it is not a technical requirement for a will to be notarized, but it certainly is helpful to add strength to the will. Fully "holographic" (totally handwritten) wills are still recognized as valid in many states without being witnessed. Such a will must be in the normal and provable handwriting of and signed by the testator. As always, state law might impose other conditions on a holographic will.