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AvoidProbate

1550 Spring Road, Suite 120
Oak Brook, IL 60523

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Why a will doesn't avoid probate?

Once a will is signed, it is put in a drawer and sits there for hopefully a very long time.  Once you die, the family goes through your important papers and finds it.  The title to your house stays the same as well as the title to all of your investment accounts.  Unfortunately no one really knows that you did a will except for a select few.  No one knows if that is truly your will and no one knows if you subsequently did a different one.  You are now asking the banks, investment firms, and title companies to rely upon some document you simply found in a drawer.  That is a lot to ask so they legitimately tell you to take that will to a probate court to make sure it is valid.  A will therefore by its very nature needs to be probated because the one person who could tell us if it is valid or not is deceased.  We know need a court to tell the financial world that the will is valid so that they can rely upon it.  Otherwise, we have no idea if it was forged, signed under duress or a later version is available.  Probate sorts all of these issues out which is why it is a very public affair. Otherwise we would not know if someone is sitting on a later date will of the decendent.