It depends upon many factors, such as if the deceased died intestate (or without a will), or if the deceased had a trust. It is best to consult an attorney for this matter.
Probate court is relevant after a death. In probate court, it can be decided if a will is valid. After the will is validated, the financial responsibilities of the deceased can be settled and any property belonging to the deceased can be taken care of.
Probate is typically required to legally validate a will, transfer assets, and settle the deceased person's estate. The specifics of probate laws vary by jurisdiction, so it is best to consult with a legal professional to determine if probate is necessary in a particular situation.
A grant of probate is a legal document issued by a court that confirms the validity of a deceased person's will and gives authority to the named executor to administer the estate according to the terms of the will. It allows the executor to collect and distribute the assets of the deceased individual in accordance with the law.
With regards to estates in England & Wales the answer is no. Some bank and financial institutions will now release up to £30,000 others have stricter limits for example the Post Office will insist on Probate if the deceased's assets are over £5,000. Generally if the deceased owned land then probate is required.
Yes.. As part of probate you are required to give public notifications.
either by the deceased in the will or by the probate judge
That will depend on the probate court. The individual could be appointed as the new executor. Or the court could appoint another neutral party.
The executor of an estate as appointed by the decedent's will and approved by the Probate Court can request bank statements of a deceased person. An individual who jointly owns the account with the deceased can also request bank statements.
You need to inquire at your local probate court.
The decedent's property is distributed according to the provisions in the will, or according to the state laws of intestacy to the heirs at law, after the debts of the decedent and any taxes and costs of probate are paid.
A spouse is almost never responsible for the expenses of a deceased spouse. However, if the deceased spouse had money and there will be probate, someone may make a claim against the deceased spouse's money in probate court.
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.