What are reasons that a judge would dismiss a probate case?

L

light headed

New member
Even if there is no will, but there is a child, or grandchild of the decedent, by law aren't they next in line to receive real property?

What are reasons that people do not take these cases to court(Besides financing a court case, which can be costly for some)?

What are some reasons a judge would dismiss a case if a directing offspring of the descedent brought the case to court? (Besides rivalry of the estate/etc)

thank you so much!
also, if you dont mind stating how you know the facts you are presenting. Thank you to everyone.
Thumbs up points to everyone!
 
A person's estate passes through probate, it doesn't matter that there are beneficiaries. It can be complicated but the assets are accounted for & if no will is available then the state laws decide who gets what. An example without a will: NJ the spouse is the beneficiary while in Texas the spouse gets 50% and the children share the other 50%. Also some states will have taxes on the estate even though there are no federal taxes due.
Only when all the bills are paid, no one contests anything is the estate closed. I never heard of a judge dismissing probate, maybe in the event the person had virtually nothing to account for. BTW... many states web sites make it difficult for the average person to figure how to probate an estate.
I'm not a lawyer but have handled 3 estates, very time consuming as it can take 6 -12 months to settle an estate.
 
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