0
State laws vary so you need to check the laws of the state where the decedent owned property. Generally, some type of probate filing is required wherever the decedent owned property that must pass according to the will or according to the state laws of intestacy.
For example, suppose a decedent moved from Massachusetts to Florida and after moving to Florida executed a will that met the requirements of a valid will in Florida. The following is general information only.
- If the testator owned property in Florida, the will must be probated in Florida.
- If the decedent also owned property in Massachusetts, exemplified copies of the Florida probate must be filed in Massachusetts in order for title to pass to the beneficiaries. If the executor wants to sell the Massachusetts real property that power must be granted in the will or a license to sell must be obtained from the probate court.
- If there is no property in Florida, the valid Florida will can be filed for probate in Massachusetts with a petition for allowance of a foreign will and appointment of the executor. As long as the will meets the requirements for a valid will in the state where it was executed Massachusetts will allow it even if it doesn't meet the requirements for a valid will in Massachusetts.
- The same procedures would apply if the decedent died intestate. Exemplified copies of a valid administration must be filed in the state where the decedent owned property in order for title to pass to the heirs. If the property must be sold the administrator must obtain a license to sell from the Massachusetts court of jurisdiction. If no probate was filed in Florida then an original administration would need to be filed in Massachusetts.
As with all probate matters you should consult with an attorney who specializes in probate who can review your situation and determine what you need to do.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Is there a statute of limitations for probate and does a will, filed in a different State matter?
The state of filing wont matter. A Will must be filed for probate within four years after the date they died.
How can get copy of a deceased relative's will if the executor won't give one to you?
You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.
Do you have to probate two times when a person dies and leaves two houses one in Texas and one in Arizona?
Yes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate court
Where can you find Estate Administration and Probate of the Estate forms?
You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.
If there is a Last Will is it filed with the State and can you get a copy?
If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.
When does a probate disclaimer have to be filed?
A disclaimer of interest must be filed within the statutory time period fixed by each state in its laws governing disclaimers. In New Jersey it is 9 months.
How do you get the money your parents willed to you?
First the will must be filed for probate and an executor must be appointed. After the payment of the debts of the estate the executor must make distribution of the remaining estate according to the provisions in the will and the state probate laws. The executor acts under the supervision of the court and must settle the estate with expediency.
Who would have a copy of your deceased mother's will?
You must check the records of the probate court in the jurisdiction where your mother resided to see if the will was filed for probate. If it was filed it's a public record and you can request a copy. If there was no will filed then you must ask family members whether your mother had a will and who has possession of it.If your mother had an attorney she used for any legal services you could try calling to see if they have any copy of a will in their records.You must check the records of the probate court in the jurisdiction where your mother resided to see if the will was filed for probate. If it was filed it's a public record and you can request a copy. If there was no will filed then you must ask family members whether your mother had a will and who has possession of it.If your mother had an attorney she used for any legal services you could try calling to see if they have any copy of a will in their records.You must check the records of the probate court in the jurisdiction where your mother resided to see if the will was filed for probate. If it was filed it's a public record and you can request a copy. If there was no will filed then you must ask family members whether your mother had a will and who has possession of it.If your mother had an attorney she used for any legal services you could try calling to see if they have any copy of a will in their records.You must check the records of the probate court in the jurisdiction where your mother resided to see if the will was filed for probate. If it was filed it's a public record and you can request a copy. If there was no will filed then you must ask family members whether your mother had a will and who has possession of it.If your mother had an attorney she used for any legal services you could try calling to see if they have any copy of a will in their records.
What if a spouse tells probate you had no will when you know there is one and you told him you would hand it in but you lied?
Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.
Do you have to file for administrator of estate in the jurisdiction of the deceased?
A petition for probate should be filed where the decedent resided. In cases where the decedent owned real property in another state their probate (usually consisting of attested copies of the original filing) must be filed in the state where the real estate is located. For example, if a resident of Florida died their estate must be probated in Florida. If they still owned real property in Massachusetts at their time of death, an attested copy of the Florida probate must be filed in the proper county in Massachusetts in order for the title to the real estate to pass to the heirs legally or for the administrator to be able to sell the property.
How do you find a will not for probate?
Don't understand the question. ALL wills must be filed for Probate. If they aren't, then the property passed on by the will has not been inherited legally.
Does a will have to be file in probate court in Illinois?
Yes, a will must be filed in probate court. That makes sure that the executor is held responsible and that the appropriate taxes are paid.
