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Generally speaking, any assets that have a named beneficiary will not have to go through probate, including most assets once they are placed in trusts.
The legal process of probate can take as little time as 6 months or as long as 2 years. There are several factors on how long the process will take. The complexity of an estate will extend the process, as well as cases where heirs dispute the will. Small estates may not even require probate.
If an estate doesn't go through probate and it is a necessary process to transfer ownership of assets, the heirs could sue the executor for failing to do their job. The heirs may not receive what they are entitled to. They may be legally allowed to file a lawsuit to get what they are owed.
Probate is the court-supervised process of authenticating a last will and testament if the deceased made one. It includes locating and determining the value of the person's assets, paying their final bills and taxes, and distributing the remainder of the estate to their rightful beneficiaries.
Probate is required to transfer property out of a deceased individual's name and into the name of a living beneficiary when the asset is not set up to transfer directly by operation of law.
Once the Statement of Claim is received by the Defendant, the Defendant may respond by either:(b) Filing a Demand for Notice (this assumes that the person agrees and admits the allegations in the Statement of Claim & entitles them to receive notice of all future steps taken by the other party).