When does a will come into effect? Is it soon after death or is it after probate proceedings?

Full question:

I made a will regarding disposal of my property and have deposited it with the Probate Division of the Superior Court. My children are unware of its existence and shall only be informed by my attorney after my death. When does the will I made come into effect? Is it soon after my death or is it after probate proceedings?

Answer:

Generally, a will may not come into effect and the real and the personal estate shall not pass to the beneficiaries until proved and allowed in the probate proceedings, or in an appeal in the superior or Supreme Court. The relevant statutory provision in this regard is stated below.

14 V.S.A. § 101 reads:
 
“A will shall not pass either real or personal estate unless it is proved and allowed in the probate division of the superior court, or by appeal in the superior or Supreme Court.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The disposition of the estate in a will refers to how the deceased person's assets and property are distributed among the beneficiaries. The will outlines specific bequests, such as who receives particular items or amounts of money, and it may also specify how the remainder of the estate is divided. This distribution only takes effect once the will is validated during probate proceedings.