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What Happens If You Do Not Probate a Will?

What happens if you do not probate a will?

What Happens If You Do Not Probate a Will?
Video Transcription

Speaker 1: In Delaware, what happens if you do not file a will? Well, the estate is then consider intestate. That’s the legal term, intestate, which means that there’s just no will filed for the probate. One thing to keep in mind, though, is that you can be sued if others have some financial gain by you filing the will. If you choose not to file they can sue you, so if someone is supposed to get inheritance as per the will, and you do not file the will and they’re hurt by it, they’re not going to get the money, then they can sue you. You could be open to being sued by them. They can force you to file the will.

The second thing is, you can be prosecuted criminally as well if you have financial gain in not filing the will. If there’s any financial gain that you have by not filing a will, you can open yourself up to prosecution. I would really recommend speaking with an attorney if you have any questions about this. We’re happy to give you referrals if need be. The county government itself cannot force you to file a will. They can ask you to do so, but they can’t force you to do it, and there is no deadline to do it.

I hope that helps, answers your question. If you have any other questions, feel free to reach out to us. If we can’t answer them, we can point you in the right direction, put you in touch with someone who can. Give us a call or you can fill out a form on our website, Thanks so much, take care.

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