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Is it possible to file probate without a lawyer in the state of Florida?
No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
What constitutes a deceased spouses estate when the other spouse is still living?
Any asset which has his signature on it. The house, the car, any large item that he purchased (with or without you) is part of his estate. State probate laws determine what is exempt and what is not when it pertains to any estate. If the married couple lived in a community property state all property acquired during the marriage is equally owned regardless of title wording. If the married couple did not reside in a CP state probate laws take precedence with the default laws applying if the person died intestate.
If a homeowner dies and leaves no will and only one of the four children maintain the mortgage and the maintenance how does that person take ownership or is it up to a judge or probate court?
When a person dies intestate the distribution of assets and the payment of debts come under the jurisdiction of the state probate court. Probate laws differ in what property of the estate is exempt from seizure to pay debts. The best option would be for the involved parties to consult an attorney who is knowledgeable in the probate laws of the state where the deceased resided.
Is probate court Mandatory without will in Georgia?
Yes, if the estate has any value, or any debts, it has to go through probate. The state has a vested interest in making sure the estate is properly distributed, as without a will, the default is the property goes to the state.
Can you file for probate without s will?
Yes, you can file for probate without a will. If there is none, the intestacy laws for the jurisdiction (state) will be used to distribute the estate.
How long after a Probate judge signs off on a probate estate can heirs to the estate contest it or bring it to superior court in Charleston South Carolina?
In South Carolina, heirs typically have eight months after the judge signs off on a probate estate to contest it or bring it to the superior court. This is in accordance with the state's probate laws, and it is crucial for heirs to act within this timeframe if they wish to challenge the probate process.
Is an estate liable to pay 40000 in credit card debt of widowed mother?
The distribution of funds for debts of a deceased person is determined by state law. The assets, debts and will, if any,is filed in probate. Creditors have a specified time to file claims against the estate for outstanding debts. The court will then determine which assets are exempt and which can be used to pay creditors. State laws pertaining to probate procedures vary greatly. It is not possible to be more specific w/o knowing the deceased resident state.
Can the next of kin do a quit claim to the property of the deceased?
No, nothing can be done with real or personal property of a deceased person(s) until the probate procedure has been completed. States establish probate laws, each state has different requirements for the procedure and stipulates different types and amounts of property that is exempt from probate action. Contact the executrix or executor of the deceased estate or the clerk of the probate court of jurisdiction for more specific information.
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
Can an executor find out how much money is in deceaseds bank accounts?
Yes, once they have been appointed by the probate court and Letters Testamentary have been issued. Take your Letters Testamentary to the bank with you. That document gives you the legal right to access the decedent's assets including bank accounts.
If a marry couple died without a will what happens?
The estate goes into probate and will be awarded to the state or residency.
