03 Jun Why is there Probate?
The primary reason for a probate is to clarify title on property owned by the decedent. Even if there was a will, property that was owned by the decedent is part of the estate and needs to be clarified.
The other reason is distribution of the decedent’s property. No one has the legal right to sell or liquidate assets that don’t belong to them. I can’t go to your bank and ask for a withdrawal; of course not! That would be ridiculous.
So then probate gives some one, (executor, administrator, etc.) the legal right to liquidate and distribute someone else’s estate. This is done according to the decedent’s wishes (a will) or by law (laws of intestacy).
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