What is a Probate?

Probate is the official proving of the will as the authentic and valid last will and testament of the deceased

Is the appointment of an executor or administrator and the formal administration of an estate always required?

The appointment of an executor or administrator is not always required. If such is the situation, no formal administration is necessary. This is usually true where the estate is small (under the statutory amount set by law) and for payment of small sums by certain government, occupational, and banking agencies.)

 

Additionally, qualification is not necessary to transfer a motor vehicle title, if the motor vehicle is paid off. In these circumstances, the will is probated (proved and recorded in the Wills Books of the Circuit Court) and nothing further is required. Other instances where formal qualification or administration may not be required are joint accounts with right of survivorship in banks, saving and loan associations, or credit unions.

In most cases, the payment of life insurance proceeds to a named beneficiary and the transfer of real estate to a surviving spouse or other person where there were survivorship rights in the deed occur outside the estate.