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Can an administrator of an estate grant monies to an heir before the end of the probate period In this case there is no will but only two heirs both adult children of decedent?
Bigred48
Yes, they can distribute funds prior to the end of probate. They have to record it and report it to the court. They also have to show that they have reserved enough to handle any unexpected debts and liabilities that might show up.
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∙ 15y ago
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If you are handling someone estate do you pay the debts?
In order to "handle someone's estate' you must be appointed by the probate court as executor if there is a will, or as administrator if there is no will. Once appointed then you have the authority and obligation to pay the debts of the decedent from any assets owned by the decedent. The debts must be paid before any property can be distributed to the heirs.
What to do when all assets stolen by sibling before estate probated?
The executor or administrator of the estate should sue those people for the wrongful taking of the decedent's money. If the sibling who stole the money is the executor or administrator, you can bring an action in the probate court to have that person removed as executor or administrator and have another person appointed who would sue for the return of the money.
What do you have to do if the owner of property dies and you are the lien holder?
You should file a certified copy of your lien with a notice of claim at the probate court where the decedent's estate has been filed for probate ASAP. A decedent's debts must be paid before any property can be distributed to the heirs.
If the decedant had no will is there still an estate?
If the decedent owned any property at the time of death that property makes up her/his estate. If they had no will the property will be distributed as intestate property according to the laws of intestacy in the decedent's state. Some qualified person must petition the probate court to be appointed the administrator of the estate. Once they have been appointed they will have the power and authority to settle the decedent's estate under the supervision of the court. The decedent's debts must be paid before any property can be distributed to the heirs.
What are probate documents?
Probate document usually consist of a certified copy of the will that was admitted to probate, Letters Testamentary and certificates attesting to the executor's appointment. Letters Testamentary is usually a single page document that states the the will has been probated and that the person named in the Letters has actually been appointed by the court to be the executor and now has legal authority to act for the estate. The certificates are more documents that also attest to the named person being te executor. These certificates are generally given to banks or other holders of the decedent's assets before that bank or holder will turn over the decedent's assetts to the named executor. No bank will give another person the decedent's money even if that person brings in the decedent's will and shows that he or she is the named executor. That person may not act as executor until the will is actually probated and the person formally named by the court and the "probate documents" are what proves that.
Can you sell deceased auto and put money in estate before probate Florida?
only if you are named administrator and the lawyer authorizes you to do so
Deceased left a will stating house to be sold but has a lot of bills what should be done with bills?
Take care. The decedent's estate must be probated in order for the title to the real estate to pass to the heirs. Until the title has passed legally, the property can't be sold. Probate is required whether the decedent died testate or intestate. Either the will must be presented to the probate court for allowance and appointment of an executor or an administrator must be appointed if there was no will. Then the estate must be settled under the supervision of the court. A decedent's debts must be paid before any assets are distributed. If the debts aren't paid and there are (were) assets, the estate representative will be held personally responsible for not paying any creditors who made claims against the estate. You should seek the advice of an attorney who specializes in probate law.
How do I question division of my father's estate?
You ask the executor or administrator for an accounting. If they do not provide one, you ask the probate court to call the executor or administrator before it to produce the required accounting (and to post a fiduciary bond, while you're at it).
When can wife claim real property from deceased husband's estate?
The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.
What if the survivors just don't notify the probate court?
If the decedent owned real estate, title cannot pass to the heirs unless the estate is probated. If the decedent had creditors and owned any bank accounts the creditors may become aware of those accounts and could sue the heirs. The debts of the decedent must be paid before any assets are distributed to the heirs.
Do funeral cost come before a lien on property to be paid?
You need to be extremely careful about paying the debts of a decedent. Each jurisdiction has a statutory provision that governs who gets paid first. If the person who has custody of the assets of the decedent does not pay according to law, they can be held personally responsible. If the decedent owned real property their estate must be probated. You should consult with an attorney who specializes in probate law.You need to be extremely careful about paying the debts of a decedent. Each jurisdiction has a statutory provision that governs who gets paid first. If the person who has custody of the assets of the decedent does not pay according to law, they can be held personally responsible. If the decedent owned real property their estate must be probated. You should consult with an attorney who specializes in probate law.You need to be extremely careful about paying the debts of a decedent. Each jurisdiction has a statutory provision that governs who gets paid first. If the person who has custody of the assets of the decedent does not pay according to law, they can be held personally responsible. If the decedent owned real property their estate must be probated. You should consult with an attorney who specializes in probate law.You need to be extremely careful about paying the debts of a decedent. Each jurisdiction has a statutory provision that governs who gets paid first. If the person who has custody of the assets of the decedent does not pay according to law, they can be held personally responsible. If the decedent owned real property their estate must be probated. You should consult with an attorney who specializes in probate law.
Should a deceased belongings be distributed before going through probate?
No. No one has the right to distribute a decedent's property until they have been appointed by a court. A person's debts must be paid before any property is distributed to the heirs.
