Why Does a Will Go Into Probate?

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Are you wondering why your loved one’s will went into probate?  Watch this video by Buffalo Estate Planning Attorney Thomas F. Hewner for guidance. If you have questions about estate planning, please contact our office to schedule an appointment a dedicated estate planning lawyer. Let our experience work for you.

  • A will is probated to establish its validity because of the various grounds for objections. The court will entertain the objections of individuals who have the right to object through a specific process but, if there are no objections, the will is admitted to probate.
  • Once the court determines that the will is valid, the named executor is in charge. Beneficiaries may object to the will itself, or they might object to the executor separately. For example, a Mom may appoint the elder brother and the younger brother may object, saying, “He’ll be terrible. He’s never going to do this correctly. I’m going to get screwed.”
  • The grounds for objecting to an executor are very specific, and it’s not easy. You can have a separate proceeding about that on the side. These contests can get so contentious that the court appoints a public administrator to serve as a third party to continue with the administration of the estate while the matter is sorted out.

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