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Yes, the estate should go through the probate process. That makes sure all of the debts are paid and the legal requirements are met and taxes paid.

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12y ago

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What court order needed to freeze bank accounts dueto death?

Probate Courts can issue such an order, which will freeze the deceased's account(s), until the court has had time to probate the estate.


How can one find inheritance property?

One can find inheritance property by checking the deceased person's will, contacting the executor of the estate, searching public records, and consulting with a probate attorney if needed.


MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?

Probate may be needed it would be best for you to consult a probate attorney.


Any problems with a will in a safe deposit box?

The will is needed for probate. Safe deposit boxes are often sealed at death until probate is concluded. That complicates probate.


Where can I get donations for probate money?

There are very few charities that exist that will provide donations for probate money. Most money needed for probate issues will have to be privately raised.


Bank savings account holder with deceased father will not in probate bank is saying paperwork not followed through on their end been doing transactions do you have a right to this account?

If the account was a joint account in your name and your father's name and he is now deceased then you are the owner of the account. ==Additional Answer== Probate is needed if you are not a holder of the account with your father, as you seemed to state in your question, and the account is in your father's name alone. Whoever files to open up probate will get a document called letters testamentary, and that person takes a certified copy of the letters testamentary to the bank and the bank will then issue a check to be distributed to the legal heirs.


Is a letter of Testamentary necessary to close out accounts of a deceased loved one?

Letters Testamentary, when there is a will or Letters of Administration when there is no will are needed to close out a decedent's bank accounts assuming they are in his/her name alone. This is because banks do not turn a deceased person's money to anyone but the person authorized to take it. Letters Testamentary and Letters of Administration are basically proof of a person's legal authority to handle an estate.


Where can you find out if your deceased parent registered a will anywhere?

You can typically find out if your deceased parent registered a will by checking with the probate court in the county where they resided. You can also search for any existing wills in their personal records, safe deposit boxes, or with an attorney they may have worked with. Additionally, consider hiring a lawyer to help you navigate the legal process if needed.


If your husband dies with a judgment against him what should you do with regard to the judgment?

Debts of a deceased person are addressed during probate procedure. All lenders are required to file a claim against the estate through the state's probate court. All US states have laws of succession (the manner in which an estate is distributed) with the surviving spouse and minor children being the first to be provided for. If the judgment is against the deceased spouse only and the married couple were not residents of a community property state the surviving spouse is not legally responsible for the judgment debt and it can be voided by the probate court or the surviving spouse. In some cases, no legal action is needed, the judgment becomes null and void upon the death of the debtor.


Do you have to go through probate if there is no will?

When a person dies without a will, their belongings are said to be intestate, and the case will be probated. If there is no money, property, or jewelry that the person wants to leave to someone, it is best to settle in probate for any possessions.


What can you do if executor or lawyer will not return your calls about payout date?

Legally nothing, assets of a deceased's estate cannot be distributed to heirs until probate procedures are finalized. The executor/attorney has no obligation to kee beneficiaries informed of the proceedings unless they are needed to corroborate information (such as a deposition) or when probate is concluded and remaining assets can be distributed as pursuant to the instructions of the will. If the person died intestate, the state probate laws are followed in partitioning off remaining assets after all debts, taxes, legal fees and so forth have been paid.


Is probate needed if home value is less than owed to bank?

You would want to go through probate. That will prevent the bank from trying to collect money from the heirs.