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You are the named executor of your mother's will and she left land but no cash who is responsible for the cost of probate?
Wiki User
∙ 14y ago
Your mother' estate must be probated. You are not the executor until the will has been reviewed and allowed by the probate court and you have been appointed by the court. Title to the real property cannot pass to her heirs until the estate is probated.
Your mother's debts must be paid before any property can be distributed to the heirs. If there are debts and no cash to pay them then the executor must sell the real estate to pay those debts. If the heirs want to keep the real estate then they will need to share the cost of probate . . . it benefits them.
You need to consult with an attorney who specializes in probate law who can review your situation and explain to you and the other heirs what your options are under the law in your jurisdiction.
Wiki User
∙ 14y ago
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do you have to have a lawyer to probate a will if the will dictates who is teh executor ?
If you already have a named executor, there is no need for a lawyer.
What to do when person named as executor in a will has not been sent a copy?
The original must be presented to the probate court to be examined and allowed along with a petition by the named executor to be appointed the executor. In order to commence the probate proceeding the original must be turned over to the executor. You should consult with an attorney who specializes in probate.
When there is no executor named to will but only named are beneficiaries what happens?
The will must be presented to the court for allowance and the court will appoint an executor. A member of the family can sign the petition for probate asking to be appointed the executor. You should seek the advice of an attorney who specializes in probate law.
Grant of probate?
a grant of probate entitles the person named in a will as the executor to have the authority in all of the assets of a deceased person.
What is a probate letter?
It is a letter issued by the probate court. It gives the named individual the right to be the executor and represent the estate.
How do you get named as executor if your parent has already passed away?
You need to submit the will to probate court for allowance and ask to be appointed the executor. If there is a different executor named in the will they may need to sign a declination.
Does a co exectuator of your mothers estate have the right to a copy of her will before she is dead?
No one has a 'right' to a person's will prior to their death. However, the testator should let the named executor know where the will can be found so that it can be retrieved by the executor and filed in probate after the testator's death.
What if the named executor of the will does not have record of the deceased?
Answer: You need proof of death to file a petition for probate.
In WI does said named executor have rights before the will is admitted to the court and if said executor does not open probate does he still have rights to execute the will?
No and no.
You are named co-executrix of a Will and the other person has seen a lawyer about the Will without notice to you. What rights do you have?
First, the executor has no legal authority until they have been appointed by the probate court. If you are named as executor in the Will, the attorney should make certain you have been given notice that the Will has been submitted to the probate court. Your name and the name of the co-executor named in the Will should be on the petition for probate. You should contact the attorney who has been consulted and ask her what, if anything, has been done with the Will and the probate process.
Who can be executor of will in Ohio?
Whomever is appointed by the probate court. They may be named in the will or it could be an attorney or a bank.
How do you become a executor of the estate in Colorado?
To become an executor of an estate in Colorado, you need to be named as such in the deceased person's will. If you're not named, you can still apply to the probate court to be appointed as an executor. This involves filing a petition with the court and providing necessary documentation, such as the death certificate and the will. It's advisable to consult with an attorney familiar with Colorado probate laws to guide you through the process.
