Would a Probate Court Recognize a Beneficiary if Her Maiden Name is Used in the Will?

Such a question would be decided upon solely by the judge overseeing the Probate Court case.

While ‘Ask Standard Legal’ certainly cannot know what a particular probate court may do in a particular probate process, it would seem likely that identifying a child by a maiden name should be sufficient to allow a gift to pass through the probate process.

The key in preparing a Will is to sufficiently identify each beneficiary so that the person can receive the property as directed from the estate.

If that test is met, the Probate Court judge should be able to determine the person being referenced within the Will document, and pass through the assets accordingly.