Yes. The will must be examined by the court to confirm its validity and the executor must be appointed by the court. Real estate and property owned solely by the decedent must be probated in order for title to pass to the beneficiaries. The debts of the decedent are paid first.
A will is does not necessarily have to be subject to go through probate. If the will states what is to be done with everything in detail and no one has the nerve to contest the will then probate shouldn't be needed.
I am assuming that you are referring to a trust in a will. In order for a will to become operative it needs to be presented to the probate court of jurisdiction for allowance and appointment of an executor. Generally, if there is a trust set forth in the will the trusteeship must also be allowed and a trustee appointed by the court. You should seek the advice of an attorney to discuss your options.
A living will does not require probate. However, if anyone wishes to contest the living will, it may end up before a probate judge. Assets do not require distribution in the case of a living will.
A living will outlines your wishes about life support and other kinds of life sustaining medical treatment, such as the use of antibiotics, feeding tubes, hydration, etc.
I have a California Probate document that I need to notarize. Can I have it notarized in the state of Virginia instead of California and still be legally binding?
To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.
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.
No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.
You need an attorney who specializes in probate law.
That is the purpose of going into probate. It allows assets to be legally transferred.
You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.
If he is still living, you have no right to read his will. If he has died, the will might have been probated and you would need to check the index at the probate court where he lived. You can do an online search for the county probate court in the state where he lived to determine if their records are available online. However, online probates are still rare and you will likely need to call or check in person.
You need to visit your local family and probate court and inquire about a name change.You need to visit your local family and probate court and inquire about a name change.You need to visit your local family and probate court and inquire about a name change.You need to visit your local family and probate court and inquire about a name change.
You need to inquire at your local probate court.
The executor of the estate submits the will to probate court if it is necessary to do so. It is only necessary when there is a large estate, many heirs, outstanding debts, or a possibility if someone is going to contest the will. In a case where the will isn't going to be contested a lot of time and money can be saved by doing a "short probate" if available or not choosing to submit the will to probate court at all. You will still need to go to probate court. The process is faster though and you will be put on the uncontested docket.
You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.