That is the purpose of going into probate. It allows assets to be legally transferred.
No. A Will only goes into probate once the principal (the one who created the Will) has passed away. The Executor or the person in-charge of the principal's assets, would be the one to present the Will to court for probate. Even if there is no Will, the deceased person's assets will still need to undergo probate for the state to determine where and to whom his assets will go to.
No. Probate is the court that has jurisdiction over the estates of persons who have died.
Not if there are no assets at all. A will is simply a document that transfers a persons property to other persons after death. If there are no assets to be transferred, then there is nothing for the will to do.
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.
No, it is not generally necessary.
If the estate includes any assets that are in your father's name alone then his estate will need to be probated. If that is the case, you and your mother should arrange a consultation with an attorney who specializes in probate who can review the situation and explain your options.
Yes, they are assets of the estate. As such they are subject to probate and appropriate taxes.
It will depend on specific state laws and whether there are assets that need to go through probate. But in general, it is the contents of the estate that determine the need for probate, not the existence of a will.
Assets of any kind can be subject to probate.
The Executor is entitled to 7% of the first $1000 in probate assets. Then that goes down to 2% for all probate assets over $50,000. The Executor is also entitled to 1% of all the non-probate assets. Although, as always, there can be variants to that based on the circumstances.
You need to consult an attorney who specializes in probate in your area who can review the situation, the first probate proceeding and the will, and explain your options, if any.
No, copyright royalties are probate assets because they are executory agreements that typically flow to the owner of the inherited property interest in the copyright.