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How do you petition the court for a spouse to become executor of estate when there is no will?
Wiki User
∙ 10y ago
Most court houses will have a packet of forms. They are filled out and submitted to the court for execution and a letter of authority will be issued.
Wiki User
∙ 10y ago
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If parent has no will and no spouse how do you go about settling an estate?
Petition the court to open an estate. You can also petition to be the executor. You will then settle all debts, value the estate, pay the appropriate taxes and distribute the remainder.
How can you as the child become the executor of the estate over the suviving spouse and no will?
Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.
Your Dad in Texas just died and has no heirs no spouse no will and no contact with you since birth Are you entitled to his estate?
Petition the court to open an estate. You can also petition to be the executor. You will then settle all debts, value the estate, pay the appropriate taxes and distribute the remainder.
Does the eldest child become executor of an estate when there is no will in Pennsylvania?
There is no law that the eldest takes over the estate. It's up to the family to decide. The youngest may be the best choice if they have strong organizational skills and have the time to act as administrator. An executor is appointed when there is a will. Whoever is chosen by the family must petition the court for appointment. Once appointed they will have the legal authority to handle the estate.
Is surviving spouse responsible for medical bills in NJ?
Only if she is the executor of the estate. The executor is responsible for all estate debts.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Can you benefit from the will if you are the executor?
Yes, nothing prohibits the executor from receiving part of the estate. In fact, it is more common than not for the executor to receive something, as for example, where a husband leaves his estate to his spouse and makes her his executor.
Can a child who is not executor of estate be allowed to help the other two children who were named executor of estate in the cleanup of deaceased parents household with no spouse?
Certainly.
Can an executor sue a ex spouse who owes money to estate after 10 yrs?
It will depend on the documentation and when the debt was incurred. The executor can bring suit on behalf of the estate.
Can a surviving spouse file bankruptcy for a decease spouse?
The executor of the estate can do so. It is more than possible for the estate to not be able to pay all debts.
Can you file bankruptcy as executer of estate?
Why bother? No one can legally inheret debt. Actually debt can be "inherited" if the deceased left a spouse and the married couple resided in a community property state, the debts then revert to the spouse whether he or she incurred them. In non-community property states the deceased's debts are included along with all nonexempt assets and property in the probate procedure. The nonexempt assets and property are then liquidated to pay debts according to their priority and to the extent that funds are available.
Can an executor be listed as a beneficiary?
Yes, and they frequently are as in the case of the standard husband and wife will, where each spouse leaves the entire estate to the other spouse and names that spouse the executor.
