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[Cathy <goosecreekfarm AT gmail.com>]

Hi Bev-

I'm not sure I can be much help with your questions, but here's what little
I know (or think I know).

1.  When is a will not probated?

When it doesn't need to be, which is when everything is owned jointly with
rights of survivorship and/or specifies beneficiaries, like insurance
policies.

2.  The clerk I spoke with assumed that I wanted to challenge the will,
but I told her that I had no clue as to what it contained and therefore
had no intention of challenging it, but during that conversation, she
used a lot of terms I am unfamiliar with.  I don't recall them now, but
I think the gist of it was something akin to an application that I would
file contesting the will and causing a probate case???  She really lost
me in all that legal gobbledygook.

What she was saying might be best explained by an example.
A fella dies who has 3 adult children,  nice home, ample bank accounts,
etc.  Say everything is held jointly--no need to necessarily mess with
probate.  Kiddo #4 (maybe happy family doesn't know about her) hears about
the fella's death--she could start a probate case in an attempt to receive a
share of the estate without knowing anything about a will.


3. If a will is written and registered in one state, but the person dies
in another, as may be the case here, which probate court would handle
the case, if it went to probate?

I think the state of residence, but I'm not sure.  I believe that the rules
of the state in which property (real and personal) is owned dictate how
those assets pass to heirs. Honestly, I don't know for sure about property
owned in other countries, etc.  I do know that if you make your will in
Kansas and move to Massachusettes, it's a good idea to see an attorney in MA
and make a new will.

4. Isn't the executor required to notify everyone mentioned in the will?
If so, how much that be done, and what if it isn't done properly?

I'm not sure how that works either, since I didn't work in estates.  I'm not
much help!  If an estate goes to probate court, I believe the first thing to
be filed (and placed in the newspaper) is some sort of Notice to Creditors.


Generally speaking, Bev, it is the decedent's responsibility to see that
his/her assets are distributed according to his/her wishes by preparing a
good will, arranging for an executor, etc.  The state is interested in
collecting taxes and will serve to assist creditors' obtaining their money.
The state also provides rules by which your heirs' portions will be divided
(after taxes and creditors) if you do not leave a will.  Even if you do
leave a will, if it is especially skewed against one or more heirs
recognized by the state (current wife, black sheep daughter, etc) those
heirs may contest the will and have a good chance of having it set aside.

Pretty vague, I know, and doesn't help at all in your effort to get a copy
of the obituary.  Sorry I can't be of more help.

Cathy
chilly in Tally