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.
No, the estate is responsible for the debts, not the family. Even without a will, an estate can be opened.
You file where the decedent died and owned property.
They can go after the estate. Which means if an estate wasn't opened and debts resolved, they are coming after you.
No. Probate is a judicial procedure that distributes the estate of a person who has died. A living estate is all the property owned by a living person.
The person would have to be deceased in order for the estate to be distributed. If the person left a Will then the terms of such would apply after any debts and taxes have been paid. If the person died intestate (without a will) the state probate succession laws apply.
If the person who died is your spouse and there is no will - yes.If the person who died is your relative and has an estate, then their part of the account (50% unless there's some sort of document that proves he / she owned more or less than 50% of the account) would go to the estate and not available to you. If the person has no estate and is unrelated to you (I believe) the State of residency for the deceased would get it throught the unclaimed property laws.
Generally, the probate of the first estate would need to be completed. If the next of kin who died is the only heir and was living when the first person died then that person's estate would need to be probated.
First you should consult with an attorney if the decedent left property that must be distributed. There are specifically defined (by state laws) persons who can be appointed to administer the estate of a person who died intestate. A probate attorney can draft the petition and the court will appoint an administrator who can settle the estate according to state laws and under the supervision of the court.
The laws of intestacy will apply. An estate can be opened and the distribution will be done according to the law. The estate will settle the debts, pay the appropriate taxes and distribute the remainder.
Intestate means that the person died without having executed a will, or, the will cannot be found. In that case the estate is distributed according to the state laws of intestacy.
The amount due was paid to the legal representative of the estate of the person who died.
estate tax