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If you want to avoid probate, you will also need to transfer ownership of all of your property to the revocable trust or name the revocable trust as a beneficiary of your property.
In California, the beneficiaries typically obtain access to a copy of the Will through probate. The probate process commences at the time of death, so the Will is filed with the probate court. Afterward, the proxy appointed to oversee execution can provide all the beneficiaries and family members with a copy.
An heir is someone whos legally entitled to your property if you dont have a will, while a beneficiary is someone you name in a legal document (your will or trust) to receive your assets.
Alaska law allows individuals to keep their wills private during their lifetime. However, after the individual passes away, the will must be filed with the probate court, where it becomes a public record. This means that once the will is submitted for probate, it can be accessed by the public.
A probate is needed to transfer legal title to the property owned by the person who died whether or not the person left a Will. The probate process is generally the same with or without a Will. The main difference is to whom the persons property passes at the end of the probate.
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In fact, many estates can be settled without any court involvement at all. Estates valued at less than $50,000, plus $100,000 worth of motor vehicles, can often avoid the probate process in court, provided the estate contains no real property (land or a home).
While probate is a common and often necessary process following a persons death, its not always a requirement. Certain circumstances, such as state laws, the size of the estate, meticulous estate planning, and the type of assets involved, can influence whether a will has to go through probate.
A probate is required when a person dies and owns property that does not automatically pass to someone else, or the estate doesnt qualify to use the Affidavit for Collection of Personal Property procedure.

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