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You should visit the local Probate Court department and inquire there. If there is a surviving spouse or adult children the court will favor their appointment over yours unless they consent to your being appointed executor. If there is no surviving spouse or adult children the court would likely appoint you if your parents and siblings consent. The court clerk can provide you with the proper forms and procedure in your jurisdiction. If there is real property in the estate or other valuable assets then you should contact an attorney who specializes in probate law for advice.
What else can I help you with?
Do you have to file an income tax return if you are deceased?
The estate of the deceased has to file tax returns.
How does a person file to be an executive of an estate?
Once the individual is deceased, they would apply to the probate court. If there is a will, it may name an executor, if not, there is usually a form to fill out and have signed by the heirs.
If a deceased paid no business or personal taxes will that come up in probate?
In most cases that will be a responsibility of the estate. The executor is supposed to file taxes for the deceased and the estate.
Does an executor have to file Form 56 when handling the estate of a deceased individual?
Yes, an executor may need to file Form 56 with the IRS when handling the estate of a deceased individual. Form 56 notifies the IRS of the appointment of a fiduciary to act on behalf of the estate.
Can you garnish from the deceased?
No. You would need to file a timely claim against their estate.
Do you need a lawyer to file a lien on a deceased person estate in Ontario e?
It is not required. You can make your claim against the estate.
Is it possible for the executrix of an estate to file corrupt bankruptcy for that deceased individual?
An executor cannot file for bankruptcy in the name of the decedent.
Can you file a mechanics lien if the person is now deceased?
Yes, you can file a lien against the property. The estate will have to clear the claim.
Can a deceased person be sued for injuries suffered in a car crash he caused and if no estate has been opened?
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.
Can a sister file a lien on an estate even if she is not the guardian of the deceased child?
Yes, she can file a lien. If she has a viable claim, she has the right to do so.
How can I go about creating an estate for a deceased person?
To create an estate for a deceased person, you will need to follow these steps: Obtain the death certificate of the deceased person. Identify and gather all assets and liabilities of the deceased person. Hire an estate attorney to assist with the legal process. File a petition in probate court to open the estate. Notify creditors and beneficiaries of the estate. Pay off debts and distribute assets according to the deceased person's will or state laws if there is no will. Close the estate once all debts are settled and assets are distributed.
How do you collect money owed from the deceased?
You must have written proof of the debt. If you do, you can file a claim against the estate as soon as the estate has been filed in probate.
