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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.

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Q: How does a person file to be an executive of an estate?
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What a Executive of a estate?

An executor (not executive) is the person who has the authority to administer the decedent's estate. He/She is appointed by a court with probate jurisdiction. He/She is usually appointed in the decedent's Will.


Can family caregiver get compensated from estate?

Yes. That person can file a claim in probate court against the estate. Care givers often do.Yes. That person can file a claim in probate court against the estate. Care givers often do.Yes. That person can file a claim in probate court against the estate. Care givers often do.Yes. That person can file a claim in probate court against the estate. Care givers often do.


When a person dies do they have to file taxes?

The individual does not file a tax return, but the estate is required to. That is the responsibility of the executor. They file on behalf of the individual and the estate.


What motion does an heir have to file to settle an estate?

An heir would typically file a petition to settle the estate or a petition for probate in court to begin the process of distributing the assets of the deceased. This initiates the legal proceedings necessary to determine the validity of the will and distribute the assets according to the deceased's wishes or state laws if there is no will.


Does the executive of an estate get paid?

can executive of an estate do whatever she can?


When must you file an Estate Form 706?

Estate Form 706 should be completed following a person's death. The executor of the estate should file the Estate Form 706 within 9 months after the decedent's death.


What court do you file a motion to replace an Estate Executor?

You file a motion at the court where the estate was filed.You file a motion at the court where the estate was filed.You file a motion at the court where the estate was filed.You file a motion at the court where the estate was filed.


Do you file to become administor of an estate in the state you live in or where the person died?

You file where the decedent died and owned property.


Does guardian of estate have more power than administrator of estate?

No. A guardian of an estate is the person appointed by the court to manage the property of a living person (the ward) who is incapable of managing their own property. The guardian's power and authority expire immediately upon the death of the ward but the guardian must file a final account with the court that details any assets that came in to the ward's estate since the last account and any that went out.The administrator of an estate is the person appointed by the court who has the authority to settle the estate of the decedent, or the person who has died. The administrator has the responsibility and authority to file an inventory of the decedent's estate with the court and has the legal standingto file a motion to compel the guardian to file their final account.


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.


When a person dies intestate who files for probate?

Any one with an interest in the estate. Even a debtor can file to have an estate opened.


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.