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They need to be probated so that any issues and claims can be determined and settled.
AnswerYes. If the decedent owned any property their estate must be probated. The title to real property cannot pass to the heirs legally until the estate is probated.
Wiki User
∙ 11y ago
Wiki User
∙ 12y agoYes. An estate that has real estate must be probated in order for legal title to pass to the heirs.
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Are all wills filed in the county probate dept and if not is there any official record of someones final will?
Yes. If a will is filed for probate it will be in the probate records. There is no other depository for wills in the US. If the will was not filed in probate then it is not available unless a family member or some other person in possession of an unprobated will agrees to share it with you.
How do you find a will not for probate?
Don't understand the question. ALL wills must be filed for Probate. If they aren't, then the property passed on by the will has not been inherited legally.
Does a will have to be filed in probate in the state of Georgia?
A will in Georgia is required to go through probate. That makes sure all of the legal requirements are met and taxes paid.
What is probate court?
Probate court handles the items of the will to be sure it is honored. If the person has set up trusts, or has gifted the money in advance, etc. there is no need for probate. By following the process, you insure that all the legal requirements are met to terminate all debts. Without it the individuals that would normally be responsible for the estate may be tracked by creditors and others trying to collect debts. It also insures that property is legally transferred. If the individual had no debts, and no property, then probate isn't necessary, but still recommended to avoid any future complications.
Do you absoultely have to go through probate if the inhanters all agree?
Yes, legally a will must be filed in probate court. That makes sure that the executor is held responsible and that the appropriate taxes are paid.
How do I Charge an estate for end of life care?
You file a claim ASAP with the court where the probate is filed. The court may have a claim form. All you need to do is state the service you performed, the dates you performed the service and the cost.
In what state must probate be filed?
State laws vary so you need to check the laws of the state where the decedent owned property. Generally, some type of probate filing is required wherever the decedent owned property that must pass according to the will or according to the state laws of intestacy.For example, suppose a decedent moved from Massachusetts to Florida and after moving to Florida executed a will that met the requirements of a valid will in Florida. The following is general information only.If the testator owned property in Florida, the will must be probated in Florida.If the decedent also owned property in Massachusetts, exemplified copies of the Florida probate must be filed in Massachusetts in order for title to pass to the beneficiaries. If the executor wants to sell the Massachusetts real property that power must be granted in the will or a license to sell must be obtained from the probate court.If there is no property in Florida, the valid Florida will can be filed for probate in Massachusetts with a petition for allowance of a foreign will and appointment of the executor. As long as the will meets the requirements for a valid will in the state where it was executed Massachusetts will allow it even if it doesn't meet the requirements for a valid will in Massachusetts.The same procedures would apply if the decedent died intestate. Exemplified copies of a valid administration must be filed in the state where the decedent owned property in order for title to pass to the heirs. If the property must be sold the administrator must obtain a license to sell from the Massachusetts court of jurisdiction. If no probate was filed in Florida then an original administration would need to be filed in Massachusetts.As with all probate matters you should consult with an attorney who specializes in probate who can review your situation and determine what you need to do.
I am estranged from my family how can I find out if dad had a will?
All people listed in a will have to be notified through newspaper ads or attempted to be served and/or found. If you are not listed in the will, the probate attorney still has to make an effort to find immediate family members.
Do intestate need to be reported to the courts?
All estates should be properly filed with the court. This insures that everything is done properly and all taxes paid. It also means that a full accounting and valuation is done, a well as everything is done legally. Consult an attorney in your state.
In Illinois what makes a will go to probate?
The fact that the will exists. All wills need to go through probate to allow proper distribution, evaluation and paying of taxes.
What is the process of executing a will?
The procedure for probating a will is set by the laws of the state where the decedent was domiciled at the time of death, so no single answer can be given here. You must check with your local probate court. However, in general, the named executor takes the original will and a death certificate with the raised seal on it to the local probate court, usually in the county of the state of probate. Usually, for simple probates, the court will have forms that you can fill out or that its employees will fill out for you giving all the information needed to probate the will. Generally, you will need information such as the decedent's and your address. as well as names and addresses of all beneficiaries in the will and in some states, the names of all the next of kin and persons who would receive part of the estate if there were no will. You will probably need to present your identification. You will also have to pay probate fees, so bring your checkbook. The form for the request for probate will be filed with the documents and if all seems to be in order, the court will enter judgment or order admitting the will to probate and issue you the appropriate documentation to begin administration of the estate.
Am I entitled to have all accounting records of my mothers estate once the estate is finalised although my brother is executor?
Once an estate is filed for probate it becomes a public record. You can go to the court where the estate was filed and ask to see the file at any time during the probate process or after it has been completed.
