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The will must be submitted to the probate court to be proved and allowed. At the same time you petition to be appointed the executor. Once the court has allowed the will and appointed you as the executor it will issue Letters Testamentary in your name. You will have the authority to settle the estate according to the provisions in the will, the laws of intestacy and the laws governing probate in your state. You should consult with an attorney who specializes in probate who can guide you through the process. The actions of an executor are controlled by statute and there may be personal liability if the executor fails to follow statutory law. Most people need the expert advice of an attorney to carry out their responsibilities according to law and avoid any personal liability.

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Q: How do you settle your deceased father's estate who died with a will?
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Related questions

You are a minor are you responsible for your deceased fathers debt?

Your father's estate is responsible for his debts. If he owned any assets when he died his estate must be probated. You should speak with an attorney.


Can poa be changed after deceased?

When the principal has died the Power of Attorney is extinguished. If you want to settle the estate of the decedent you must petition the probate court to be appointed the administrator of the estate if there is no will.


How is an estate settled in AZ when the deceased died without a will?

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.


Can you be removed from the property of my deceased husband's life estate?

Yes. If your husband was the sole owner of the life estate then it was extinguished when he died.


How can you find out how much your deceased mother owes Medicaid or MA?

Unless you are the Executor of your mother's estate, why would you want to know this? Unless the deceased died with assets remaining in their estate, the debt is forgiven.


How do you know who has power of attorney if lawyer is unknown and person now deceased?

If a person is deceased any Power of Attorney expired at the moment of death. There is no POA that can be connected to a person who has died. In order to acquire the authority to handle the property of someone who has died an Administrator must be apppointed by the court. If you are an heir at law of the decedent then you could petition to become the Administrator of their estate. You should consult with an attorney who specializes in probate or with a clerk at the probate court to determine what you need to do to settle the estate.


Do you have to pay taxes of a deceased person?

Their estate has to pay any taxes due up to the day they died.


Is the surviving spouse responsible for her deceased husband's debts in Oklahoma?

The debts of the deceased are the responsibility of the descesed's estate. The estate must resolve the debts before any money goes to the heirs. Consult a probate attorney in your jurisdiction for help. From your question it would appear that your husband died without leaving any money or property, if this is the case then there would be no money available to settle debts. However, if your hsband and you shared ownwrship of your house then his half of the house would be liable to settle these debts. If you are in problems the best course of action is to see an attorney.


What if your fathers girlfriend leave the estate to the father but father dies before policy holder does the estate got to children of the father?

If the girlfriend is still alive then she can change her beneficiary. If she died and didn't change her beneficiary then you may have a claim if her estate went to your father. You should speak to an attorney. You refer to a "policy holder" in your question as well as an "estate". If the subject is a life insurance policy and your father was the beneficiary but was deceased when the insured died then be aware that the girlfriend probably named a contingent beneficiary on her policy.


Does an adult child have legal rights to a deceased father's estate if he died with a will and everything goes to the surviving stepparent in TX?

No.


Has is an estate settled in AZ when the deceased died without a will?

yeah and you have to CleanUps only use quality staff and materials that are “fit for purpose”. We keep a professional approach to every job ensuring all agreed tasks are completed and accountedDeceased estate cleaningDeceased estate clearingDeceased estate cleanupsDeceased estate melbourneDeceased estate repairs(After Life Cleaning)


How do you register car with no title or will when previous owner is dead?

You can not register a car that you do not own. The car is owned by the estate of the deceased individual. The estate gets the title and then you buy it from the estate. Some legal process must occur to distribute the estate of a person who has died. Usually, someone is legally named the executor of the estate and had authority to settle the estate in a manner consistent with a will, if one exists. If no will, exists, the executor still has the power to sell or give away the items owned by the deceased. Technically, it is the estate which owns the car, with or without a title. If you want to become the onwer of the car you must have it transferred by the estate. It is the estate (and the executor is the agent for the estate) who must acquire title to the car. With appropriate documentation, such as a certificate of death and legal documentation identifying the executor, the executor can request a new title from the State Bureau of Motor Vehicles. That title may be in the name of the deceased or in the name of the estate. The estate owns the car. Only after the estate has the title can the estate sell or gift the car to someone.