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Can an executor bring suit on behalf of an estate presenting only the will before the will is probated because probate is expensive and time consuming?
Wiki User
∙ 14y ago
This can be possible if the executor can show evidence that the beneficiaries of the will would be the same even if the testator had died intestate (without a will). Or, if all interested parties to the will come to a written agreement and accepts the will as it is written and no one contests the will.
Wiki User
∙ 14y ago
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When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?
The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.
Why is a will probated?
A will must be probated so the court can rule the will is technically valid and can appoint the executor. No one has the legal right to act as the executor until they have been appointed by the court and issued letters Testamentary. Title to real estate will not pass to the heirs until the estate is probated.
When does the executor distribute funds from a probated will?
The executor of a probated will should distribute the proceeds of the will after it is settled in probate court. Some states have laws in place that state a certain time limit for the funds to be issued to heirs.
Do you have to go through probate in Oregon if there is a will that appoints an executor?
Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.
Does the appointed Executor need to be a resident of state where Will is probated?
It is not a requirement in most cases. The state may require a bond for the executor.
What is a probate certificate?
A probate certificate most likely refers to the documents that a probate court issues to the executor that certifies that the will has been probated and that the particular person is the executor. The purpose of the certificate is to prove to financial institutions that the will has been probated and that the person named executor in the will is the actual executor and has the right to handle the estate. These documents are referred to as Letters Testamentary and usually the court will issue as many copies as the executor needs to handle the estate.
Can a copy of a will be used if executor refuses to have the will probated and will not relinquish the original copy of the will?
You need an attorney, not a website. An executor does not have the legal right to "refuse to have the will probated." Until the will is probated, it's just a piece of paper (and part of what makes an executor an executor instead of just a busybody is being granted probate by a court). From what you are saying, the "executor" in this case is playing fast and loose with the law, and you'll probably want to get an attorney involved sooner rather than later.
Does the executor have the right to say that things must remain in the house for her grandson?
That depends on what was written in the Will. The estate must be probated and the executor must seek appointment from the probate court.
Should the executor of an estate have a copy of the will prior to the persons death that he is executor to.?
No, it is not necessary or wise to distribute any copies of a will during the life of the testator. However, the executor should be informed of where the will can be found when the testator has died and the will must be probated.
What happens if a executor of an estate is mismanaging it in new york state?
Report your suspicions to the Probate Court in which the will is being probated.
Is an executor of a will able to handle the estate of a beificiary?
No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.
In Texas what is an executor of a will responable for paying until the will is probated of the home of the estate?
Personally they are not responsible for anything. As the executor of the estate, they are responsible for maintaining the estate so most utilities are going to be good.
