Q: What is the penalty for liquidating decedents assets and distributing them according to the will w/out going through pr
without going through probate?
A: The problems you could have by not probating the will would be related to changing the legal ownership of certain types of assets or dealing with an heir who believes the will distribution was not handled properly. If there is any real estate in the name of the deceased, probating may be necessary. Also, if they had any deposit or investment accounts with no co-owner or named beneficiary, then probate would be necessary. Additionally, probate gives creditors a specific amount of time to make claims against the estate. If you believe that there are any estate debts that need to be resolved, then probate is recommended. I hope this answer helps.
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