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If the decedent left any property that was solely owned the estate must be probated. Any property owned as joint tenants would automatically pass to the surviving joint tenant.

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Q: Is probate necessary for an estate that is left to surviving spouse in Michigan?
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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.


Is probate necessary with no large estate?

The laws vary according to the location. Probate allows the settlement of all debts and proper distribution of the assets.


In Texas does an heir need an attorney to file a request with the probate court for a review of the executrix's accounting of the estate?

No, but the action is not necessary as auditing the estate is one of the procedures done within the probate court.


Are children or siblings responsible for deceased estates?

As long as the children are adults and there is no surviving spouse the children would qualify to probate the estate. If there was no will one must petition to be appointed the administrator of the estate. You should consult with an attorney who specializes in probate law in your area.


Are children responsible for parent's debt after the parent dies according to Michigan probate law?

In Michigan the debts of the deceased are the responsibility of the estate. Anyone that was also a co-signer on any of the agreements might also be responsible. Consult a probate attorney in Michigan for help.


What happens where a testator owns a property jointly with someone else?

Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.


Is surviving spouse responsible medical bills in Michigan?

The estate is responsible for all the bills of the deceased. The spouse will be required to pay them from the estate funds.


When can wife claim real property from deceased husband's estate?

The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.


Is the surviving spouse liable to pay medical bills for a decedent with no estate or probate assets in South Carolina?

The estate is responsible for the decedant's debts. You should consult a probate attorney and open an estate to settle any debts and distribute assets, even if you don't think there are any assets, you might be surprised.


Can one be an executor of probate but not the estate?

There is no executor of probate. The executor of the estate executes the will and probates the estate.


If items are sold before probate do they have to be returned?

It is not necessary to return items sold before probate. But there must be a full accounting and all monies put to the estate.


I am not the executor of my brothers estate can I calim his bank account before probate since I am the only surviving relative?

The bank will not pay over the account to you unless you have some type of authority from the probate court. You can check with the court to ask how you would go about claiming a small estate.