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Not if there are no assets at all. A will is simply a document that transfers a persons property to other persons after death. If there are no assets to be transferred, then there is nothing for the will to do.
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∙ 15y ago
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Do you need to probate a will if there are assets?
That is the purpose of going into probate. It allows assets to be legally transferred.
Can you probate a will personally?
No. A Will only goes into probate once the principal (the one who created the Will) has passed away. The Executor or the person in-charge of the principal's assets, would be the one to present the Will to court for probate. Even if there is no Will, the deceased person's assets will still need to undergo probate for the state to determine where and to whom his assets will go to.
Do you need to go to probate when upside down in mortgage and no assets?
No. Probate is the court that has jurisdiction over the estates of persons who have died.
How is the probate estate maintained?
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.
What happens if your dad dies without a will and only a portion of his property was put through probate?
Answer: The probate would need to be reopened.
DO you probate a will if there are no assets?
No, it is not generally necessary.
In Florida your father passed away and in the will everything goes to your mother does she need to go to probate or does she just assume all assets without going to probate?
If the estate includes any assets that are in your father's name alone then his estate will need to be probated. If that is the case, you and your mother should arrange a consultation with an attorney who specializes in probate who can review the situation and explain your options.
Are royalties probate property?
Yes, they are assets of the estate. As such they are subject to probate and appropriate taxes.
If there is no will do you have to go to probate court?
It will depend on specific state laws and whether there are assets that need to go through probate. But in general, it is the contents of the estate that determine the need for probate, not the existence of a will.
Can us savings bond be considered subject of probate?
Assets of any kind can be subject to probate.
What are the executor fees in Oregon?
The Executor is entitled to 7% of the first $1000 in probate assets. Then that goes down to 2% for all probate assets over $50,000. The Executor is also entitled to 1% of all the non-probate assets. Although, as always, there can be variants to that based on the circumstances.
What happens if a later will is found after the first will has been probated and the assets distributed?
You need to consult an attorney who specializes in probate in your area who can review the situation, the first probate proceeding and the will, and explain your options, if any.
