That requirement may vary from state to state, however, I would advise it would be a good idea to do so, in case the Probate court wants access to the account for whatever reason. Check your local state laws, or probate court, for further information.
You cannot sue a dead person but you can file a claim against the deceased individual's estate. If no estate has been opened, you can petition the court to open an estate.
No. There is no requirement that a person execute a will. The estate of a person who dies without a will, or intestate, will be distributed according the the laws of intestacy in the jurisdiction where they were domiciled. You can check your state laws of intestacy at the link provided below.
Not where the person physically died, but in the state in which the decedent was domiciled at his/her death. Example: Decedent was domiciled in New Jersey but died at his summer residence in Florida. The original probate should be in New Jersey. If that residence has to be sold by a duly appointed executor in Florida, ancillary probate is issued. This entails getting a certified or authenticated copy of the will that was probated in New Jersey and offering it for probate in Florida with a request that the New Jersey executor be appointed executor in Florida in order to selll the Florida property.
Any one with an interest in the estate. Even a debtor can file to have an estate opened.
No, the estate is responsible for the debts, not the family. Even without a will, an estate can be opened.
Yes! Income in respect of a decedent must be included in the income of one of the following: * The decedent's estate, if the estate receives it; * The beneficiary, if the right to income is passed directly to the beneficiary and the beneficiary receives it; or * Any person to whom the estate properly distributes the right to receive it.
The estate account is closed and any remainding funds would go to the remainderman. That is the person or persons that get what is left over.
The estate can earn dividends on a bank account. The executor is responsible for making sure this happens and it gets included in the estate.
A person on whose name the bank account is opened is called the bank account holder. He is the one responsible for maintaining the account.
Most likely, the parent who opened the account is the custodian of the account and is technically the only person who can make major changes, including closing the account. Therefore, the parent who opened the account will need to visit a local branch to close the account.
It does not happen automatically. Someone has to file for the probate to be opened.
It would normally be frozen until the deceased person's estate has been wound up. It's done simply to establish how much of the balance in the joint account belongs to the deceased person's estate. Once all the numbers have been crunched - the account is usually unfrozen.