The main function of probate is transferring title of the decedent’s property to his of her heirs and/or beneficiaries. If there is no property to transfer, there is usually no need for probate. Another function of probate is to provide for a mechanism for payment of outstanding debts and taxes of the estate, for setting a deadline for creditors to file claims (thus foreclosing any old or unpaid creditors from haunting heirs or beneficiaries) and for the distribution of the remainder of the estate’s property to ones’ rightful heirs or beneficiaries.
Why is probate necessary?
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