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You go to the probate court and ask for a petition for administration. If the staff is helpful they will tell you what needs to be filed with it and how to publish the notice. If the staff isn't helpful then you should consult with an attorney who specializes in probate law. If the decedent owned real property or other valuable assets an attorney should handle the estate.

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Q: How do you go about opening an estate for someone who is deceased?
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Related questions

Who pays outstanding debts when someone has passed away?

The estate of the deceased is responsible for outstanding debts. The exact process that will be followed depends on whether the deceased outlined plans for an estate in a will or whether the entire situation has to go through probate.


What happens to the winnings of a deceased Massachusetts lottery winner?

In some states the money will go the estate of the deceased winner.


Can you save a house left to you or will it need to be sold to satisfy the deceased's debt?

That depends entirely on the valuation and the amount in the estate. Someone can purchase the home for fair market value and the proceeds go into the estate. That may cover the debts.


Does insurance money need to go to estate when deceased?

No, the insurance money goes to the beneficiary named in the policy. If the beneficiary is not named, or the estate is named, it will go into probate.


What does oao mean when it is written on a government check for a deceased person?

On Account Of


What are your rights to your deceased father's estate if the father left the estate to his second wife as executrix?

That will depend on what the will says. In most cases, the bulk of the of estate would be expected to go to the spouse.


If a father disinherited his children in his will and left life insurance to his deceased wife with no contingent will the money go to the children or the estate?

In most cases it will default to the estate.


Is life insurance consideredpart of the estate?

If the insurance policy owner did not specify a beneficiary or the beneficiary is deceased, then the life insurance proceeds go to the insured's estate.


Can real property of an estate be transferred from heirs to the person the deceased requested it go to although it was not in the will?

No. If it was not in the will then it doesn't count.


What happens with a deceased family members tax refund?

The tax refund will have to be deposited into the Estate of the taxpayers account and used to pay debts of the estate. It will then be disbursed according to the taxpayers will or the laws of the State if no will exists. The Administrator or Executor of the Estate will need to sign the check and deposit it in the proper account.


If deceased share their accounts with someone is probate needed?

Yes, the estate should go through the probate process. That makes sure all of the debts are paid and the legal requirements are met and taxes paid.


What are the estate laws in California concerning credit card debt?

In California, credit card debt does not automatically pass to a deceased person's heirs. The deceased person's estate is responsible for paying off any debts, including credit card debt. If the estate does not have enough assets to cover the debt, creditors typically cannot go after the deceased person's family members. It is advisable to consult with a legal professional for specific advice on handling credit card debt in an estate in California.