Filing a Will Requirement
If you have knowledge that someone has passed away with a will, nevertheless of their financial standing, a lot of states require you to file the will in the probate court. Filing a will is different than filing probate papers (that includes a Petition for Probate). Filing a will is simply, filing a will. If you intentionally fail to file an existent will, you may have liability in both criminal court and civil court for damages ensuing to any party that would have gained benefits from the estate. Possible creditors and beneficiaries have the right to have knowledge that they could have an interest in the estate.
So What may Happen if Probate Papers Don’t get Filed?
Even when you file the will or if a will is non-existent, filing probate papers can still be necessary to settle the estate.
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Legal title to assets may be blurred.
If the deceased had assets — like a home, a vehicle, or a retirement account devoid of a designated beneficiary — these assets can’t be passed on without the court’s acceptance through the process of probate.
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Heirs may have legal disputes facing you.
If the deceased passed away lacking a will yet held assets, those assets can’t be lawfully allocated not using the probate process establishing the appropriate precedence of inheritance using the state’s intestate succession law. When probate papers aren’t filed, heirs may not get what they’re legally owed and might sue.
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Issues with an existing will might remain settled.
