Vizzoni Law Firm, L.L.C.
Vizzoni Law Firm L.L.C.

Call Now: 908-304-0499

  • Home
  • About
    • Vizzoni, Anthony M.
    • Testimonials
  • Practice Areas
    • Estate Planning
      • Trusts
      • Wills
      • Powers Of Attorney
      • Business Succession Planning
      • Guardianships and Conservatorships
    • Asset Protection Planning
    • Estate Administration
      • Probate
  • Articles
    • Creating Dynasty Trusts
    • Disclaimer Trusts: The Next Best Thing To A Simple Will
    • A Guide To Disclaimers
    • Planning For Distributions From Qualified Retirement Accounts And IRAs
    • Self-Cancelling Installment Note, The Bet to Die
    • Is The Sale To A Grantor Trust Superior To The Use Of A GRAT?
  • Blog
  • Contact
x
Vizzoni Law Firm L.L.C.
  • Home
  • About
    • Vizzoni, Anthony M.
    • Testimonials
  • Practice Areas
    • Estate Planning
      • Trusts
      • Wills
      • Powers Of Attorney
      • Business Succession Planning
      • Guardianships and Conservatorships
    • Asset Protection Planning
    • Estate Administration
      • Probate
  • Articles
    • Creating Dynasty Trusts
    • Disclaimer Trusts: The Next Best Thing To A Simple Will
    • A Guide To Disclaimers
    • Planning For Distributions From Qualified Retirement Accounts And IRAs
    • Self-Cancelling Installment Note, The Bet to Die
    • Is The Sale To A Grantor Trust Superior To The Use Of A GRAT?
  • Blog
  • Contact
Email

CALL

Offering Transparent, Accessible And Customized Legal Services

  1. Home
  2.  » 
  3. Estate Administration
  4.  » 
  5. The necessity of probate when administering an estate

The necessity of probate when administering an estate

On Behalf of Vizzoni Law Firm, L.L.C. | Feb 2, 2023 | Estate Administration

Today, probate has a bad reputation when it really shouldn’t. It is often reiterated that it is something you want to avoid. As such, many individuals specifically try to avoid probate when beginning the estate planning process. But in some situations, probate cannot be avoided. Often, it is because the process is needed. And needing probate is not a bad thing, making the process one should not focus on avoiding at all costs.

When probate is necessary

Probate is a formal process to pass assets from a deceased individual to their heirs. In other words, it is a proceeding that is supervised by the court that retitles an asset from the decedent to their heirs. This process is necessitated when the assets and property of the decedent are not transferred to their heirs by a trust, contract law or state titling laws.

When a will is present and valid, the assets and property awarded to heirs will need to go through probate. This often includes household goods, automobiles and other property that was not awarded to anyone in their will but still need to be transferred.

When an individual dies intestate, which is without a will, any property that was owned by that person and does not have a beneficiary designation will need to go through probate.

What doesn’t go through probate?

As stated above, there are certain situations where probate is not necessary. Trust law, contract law and state property title law apply in a wide range of situations. This often includes retirement funds that have a named beneficiary, life insurance policies with a named beneficiaries, annuities with named beneficiaries, pay-on-death accounts, transfer-on-death accounts, property held in joint tenancy with rights of survivorship, property held as tenancy by the entirety and all property contained in a trust.

Administering an estate often means initiating and moving forward with the probate process. Whether or not steps were taken to help avoid the probate process for your heirs, probate should not be considered a bad thing. Because it is often necessary, it is important to understand its role and how to move the process along. And if any issues arise, seeking legal guidance could help you protect your rights and interests while resolving the matter.

Recent Posts

  • 5 digital assets you must add in your New Jersey estate inventory
  • Is probate required for your estate in New Jersey?
  • Is asset protection only for high-net-worth families?
  • What is a Lady Bird Deed and how does it benefit your estate?
  • What happens if your only heir dies before you?

Categories

  • Asset Protection Planning
  • Estate Administration
  • Estate Planning
  • Firm News

Archives

RSS Feed

Subscribe To This Blog’s Feed

Depend on the estate planning attorney who listens first and advises later.

Schedule Your Consultation With Vizzoni Law Firm, L.L.C.

Vizzoni Law Firm L.L.C.
Office Building Of Vizzoni Law Firm, L.L.C.

Contact

Vizzoni Law Firm, L.L.C.
1256 US Highway 202/206 North
Bridgewater, NJ 08807

Bridgewater Office

Connect With Us

Phone: 908-304-0499
Fax: 908-304-0477

  • Follow
  • Follow
  • Follow
Review Us

Vizzoni Law Firm, L.L.C., is an estate planning and estate administration law firm based in Bridgewater, New Jersey. 

© 2026 Vizzoni Law Firm, L.L.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw