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.
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.
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.
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