When someone dies, the estate typically has to go through probate before surviving loved ones can access any inheritances. This process facilitates the transfer of property to the beneficiaries named in the will. It is not necessary in all circumstances, though. While a lawyer is best equipped to evaluate the specifics of the situation, here are a few general scenarios in which wills must pass through probate court. 

3 Common Reasons a Will Has to Go Through Probate

1. The Estate Is Valued at More Than $50,000

In the state of New Mexico, beneficiaries can forgo court supervision of the estate altogether if the non-real estate assets are valued at less than $50,000 total. Otherwise, the will must go through probate before inheritors can access the property that was left to them. If the estate is barely above that threshold, however, they may be able to complete a simplified procedure, which will streamline the proceedings considerably. 

2. The Will Is Deemed Invalid

There are a few reasons why a seemingly legitimate will can be deemed invalid. It might contain ambiguous terms that are not legally binding, for example, or it might have been created when the deceased was considered mentally incompetent or believed to be under duress. In any of these scenarios, the estate would still have to pass through probate, but the laws of intestate succession would apply instead of the terms of the will. 

3. The Deceased Is the Sole or Joint Owner 

If all the assets included in the estate were owned solely by the deceased, probate is typically the only way to transfer their ownership. Likewise, if the deceased owned any property jointly, the court will have to remove his or her name from the records so it can be distributed to beneficiaries. 

If you recently lost a loved one and your family needs help navigating probate, turn to Bristol Law Office in Roswell, NM. Attorney R. Matthew Bristol has been practicing law for more than three decades, which means he has the knowledge and experience to guide clients through every aspect of estate planning and dispersal. To schedule an initial consultation, fill out the form on his website or call (575) 625-5284.