probate Archives

Why might a will be challenged in probate?

Probate is a legal process that involves the distribution of a person's estate based on the instructions left in their will. Once a person passes on their will goes to probate and is reviewed to ensure that it meets the technical requirements for a valid legal document. New Jersey and other states throughout the nation have their own rules for what a will must contain in order to be valid.

Reasons to keep an estate out of probate

Many people understand the legal system as a method to protect their rights and punish wrongdoers. However, the legal system has many other functions to help individuals accomplish everyday tasks and to serve their everyday needs. For example, not all New Jersey residents choose to create estate plans for the distribution of their assets upon their deaths. When individuals do not have an estate plan or have assets that require administration, probate may be necessary.

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