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Probate is the legal process of settling the estate of a deceased person, specifically resolving all claims and distributing the decedent's property under a valid will. Probate protects the instructions of the deceased, confirms the executor as the personal representative of the estate, protects the interests of family members who may have claims against the estate, and protects the executor against claims and law suits. Once a will has been probated by a court, everyone can rely on its authenticity.
In most countries you have to file for probate if the value of the estate exceeds a fixed amount - you need to ask a qualified legal adviser as to the requirements under your countries' laws.
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∙ 15y ago
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Who can file for probate?
Any one with an interest in the estate. That can be an heir, a named beneficiary or a debtor.
If Father dies and name not on child's birth certificate can he be an heir?
Not without an extended, and expensive, probate challenge.
In Texas does an heir need an attorney to file a request with the probate court for a review of the executrix's accounting of the estate?
No, but the action is not necessary as auditing the estate is one of the procedures done within the probate court.
Can someone force the sale of a house left in a Will?
Yes, if one heir wants to sell and the other doesn't, the other must buy out the first heir or that heir can file a petition to sell the property in the probate court. See related question link.
Is an heir a spouse?
No, an heir is not a spouse. An heir is a person who is entitled to inherit a deceased person's assets or property according to the laws of inheritance. A spouse may be an heir if they are named in the deceased person's will or if they are entitled to inherit under intestacy laws.
Why did you get a notice of petition for probate of will?
If you received a notice of the petition for probate of a will then you are either a devisee under the will or an heir at law.
Can you pay an estate heir and be released from future claims?
Generally, as part of the probate process the heirs sign a document entitled, "Release of Demands and Assent to Account". Those documents protect the executor or administrator and stay in the probate file with the court.
What is one who dies leaving a will called?
heir --- It is not an Heir. An Heir is what you call the people who receive something from a will or a trust. A person who dies leave a will is a Testator.
If an heir of an estate dies who is entitled to that portion of the money?
If an heir of an estate dies who entitled to that portion of the money?
Can an heir refuse to probate a will with oil and gas mineral interest at stake?
An heir has no right to refuse. Debtors can apply to the probate court for someone to become executor and protect their rights and debts.
How can a person prove they are the heir of some property?
The proof is in the estate that was duly probated in the probate court. When a person dies owning real property their estate must be probated in order for legal title to pass to the heirs. The judgments filed in the probate court provide proof of title.
Does an heir have a right to know exactly what the holdings were?
Yes. You can review the file at the court where the probate was filed. Once a will has been filed in probate the estate file becomes a public record. You can go to that court, request the file and read the will and all the other documents that will be filed during the probate process. You can read the file periodically in order to monitor the activities of the executor. The executor who has been appointed by the court must file an inventory of the estate. If you find that the executor is not performing their duties in a timely, efficient and professional manner then complain to the attorney who is handling the estate or to the court.
