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Answered 2007-02-12 19:10:47

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.

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How does the surviving spouse become the executor of the estate of a spouse who died without a will?

Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.


Is probate necessary for an estate that is left to surviving spouse in North Carolina?

If the decedent owned property solely in their name, especially real property or bank/investment accounts, the estate must be probated in order for title to pass legally to the surviving spouse. You should check with an attorney in your area.


How does a NY resident obtain letters testamentary for a CA. deceased with no will?

You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.


How can you find out if a will is in probate process?

You can visit or contact the probate court where the decedent lived to see if a petition for probate has been filed.


What kind of insurance policies are subject to executor's fees?

Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.


Is probate needed when you inherit a home with a mortgage?

The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.


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

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.


How do you know if the will went to probate?

If a will has been probated the name of the decedent will appear in the probate index. You can check the index at the probate court of jurisdiction. If there is a file under the name of the decedent you can request it, review the will and review any other filings in the case.


Does a probate mean a Will?

No. Probate is the legal process that takes place in a probate court by which the property of a decedent is distributed according to their Last Will or according to the laws of intestacy if they had no Will.


Do you have to go to probate in Arkansas if there is no will?

Yes, if the decedent owned any property.


If a spouse leaves everything to a spouse do you have to probate the will?

If the decedent owned any property in his own name the estate must be probated. If all the property was jointly owned then full ownership passed to the surviving spouse and there is no need for probate. If you are unsure you should consult with an attorney who can review your situation.


When is a probate procedure required in a family death in the state of Massachusetts?

Generally, a probate is required if the decedent owned any property.


How do you get a deed to real property if the owner passed away in Texas?

The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.


Where do I search a will filed?

Generally, a will is filed at the county probate court where the decedent lived.


How do you request information about the Will from a widow?

If the decedent owned property at the time of death the Will must be probated. Once the Will has been filed in Probate it becomes a public document and you can visit the court and obtain a copy. If the Will isn't filed for Probate then you need to ask the surviving spouse. If the Will doesn't require probating then you have no right to see it.


How do you change title on property at death?

The decedent's estate must be probated if they were the sole owner of the property. You should consult with an attorney who specializes in probate law.If the decedent was a joint owner in a deed with the right of survivorship the surviving tenant only needs to record a death certificate in the land records to clear the title.The decedent's estate must be probated if they were the sole owner of the property. You should consult with an attorney who specializes in probate law.If the decedent was a joint owner in a deed with the right of survivorship the surviving tenant only needs to record a death certificate in the land records to clear the title.The decedent's estate must be probated if they were the sole owner of the property. You should consult with an attorney who specializes in probate law.If the decedent was a joint owner in a deed with the right of survivorship the surviving tenant only needs to record a death certificate in the land records to clear the title.The decedent's estate must be probated if they were the sole owner of the property. You should consult with an attorney who specializes in probate law.If the decedent was a joint owner in a deed with the right of survivorship the surviving tenant only needs to record a death certificate in the land records to clear the title.


What is joint ownership with the right of survivorship?

If two people own a home as joint tenants with the right of survivorship that means that when one dies the surviving owner becomes the sole owner of the property with no need to probate the estate of the decedent.


When is a probate procedure required in a family death in the state of kansas?

A probate procedure is required when the decedent owned any property in their sole capacity.


Can someone among the heirs transfer deeds since other died but his spouse alive since the property not transfer?

If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.


How do you file probate if an executor resides in another state?

You need to hire a probate attorney who practices in the jurisdiction where the decedent lived and then appoint them as your agent. They can then act on your behalf to carry out the probate of the estate.


How do you find a Last Will when filed?

Visit the probate court where the decedent lived and ask to review the file.


How do you find out if a will is legitimate?

Check the probate court where the decedent died to see if the will was allowed. If it was allowed it is legitimate.


Can adult children apply for probate if there is a surviving spouse?

Yes.


What does rights of survivorship mean to a person listed on a deed?

It means that should one owner die their interest passes directly to the surviving owner bypassing probate.It means that should one owner die their interest passes directly to the surviving owner bypassing probate.It means that should one owner die their interest passes directly to the surviving owner bypassing probate.It means that should one owner die their interest passes directly to the surviving owner bypassing probate.


What is a certifed copy of a will?

It is merely a photocopy of a will certified by a probate lawyer. A certified copy of a will is a photocopy of that the court which admitted it to probate certifies it as the last will and testament of the decedent and that it has been admitted to probate and is therefore effective as the last will.