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A will must be filed with the probate court in order for the executor to be officially appointed by the court.
When the will is filed for probate it is examined by the court for validity as to technical requirements. If it meets the technical requirements of state law the executor will be appointed. Until the will has been allowed and the executor appointed by the court, the executor named in the will has NO official power or authority.
Once the will is filed it remains in the probate case file and becomes a public record.
Wiki User
∙ 14y ago
Wiki User
∙ 12y agoI am not a lawyer, nor am I well-verse in any type of law. But I'm fairly certain a will has to be notarized by the individual in question and thus a will drawn up after one's death would be obsolete.
Wiki User
∙ 10y agoThere is no reason that a will has to be recorded. As long as people know where it is, it can be filed later.
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Do Wills have to be recorded at Dept of Registrar of Wills in Maryland?
No, not while the person is living, anyway. However in order to probated, the deceased's will must be recorded and filed.
Is it illegal to live in a house with a deceased person's name on the deed?
No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.
How do you find out what is in someone's will?
If the will has been probated, it becomes a public record, just as property deeds are when they are recorded. You should be able to go to the probate court where the will was probated and ask to see the will or to get a copy of it. You should be able to get this whether you are in the will or not.
Is a trust a public document?
No. A trust does not become public unless it has been recorded in the land records or is set forth in a will that has been probated.
How can 2 estates be linked together?
No. Each must be probated separately.No. Each must be probated separately.No. Each must be probated separately.No. Each must be probated separately.
Where do you get a copy of a deceased's will?
If the will was probated you can obtain a copy at the court where the will was probated. If it was not probated you must request a copy from the person who has the will in their possession.
Who can get copy of probated will in NJ?
A probated will is a public document. Anyone can obtain a copy.A probated will is a public document. Anyone can obtain a copy.A probated will is a public document. Anyone can obtain a copy.A probated will is a public document. Anyone can obtain a copy.
Can a life estate be verbal?
No. A life estate must be set forth in writing either in a will that has been probated or in a deed that has been recorded in the land records. The only other means by which a life estate can be created is by a court order.No. A life estate must be set forth in writing either in a will that has been probated or in a deed that has been recorded in the land records. The only other means by which a life estate can be created is by a court order.No. A life estate must be set forth in writing either in a will that has been probated or in a deed that has been recorded in the land records. The only other means by which a life estate can be created is by a court order.No. A life estate must be set forth in writing either in a will that has been probated or in a deed that has been recorded in the land records. The only other means by which a life estate can be created is by a court order.
Where is the deed to your property?
Answer: Yes. The main function of a deed is to pass title to land. An exception would be a "deed of easement" which only conveys an easement right in land. However, if you want the world to know the land belongs to you the deed should be recorded to protect your rights.
Is a trust probated as a will is probated?
Trusts are different than an estate, but it will be monitored by the same court.
How long can mineral rights go without being probated in ND They were in a estate in which the lady died in 1989 and never has been probated?
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
In Texas does a will have to be probated?
Trusts are not probated. Wills are probated.
