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Probate in your state may have a monetary limit in order to require probate. A local probate attorney can answer your question.

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Q: Mom passed away without will the condo was in your and her name does it have to go to probate?
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My parents passed away without a will what happens to their estate?

It goes into Probate court and the State decides how it is disbursed.


What are you entitled to without a will. My dad passed away last year and he was on support from government. My mom and he was separated and not divorced 35 years. Do we need to prove this and how?

YES! You must PROBATE the estate. ( prove) Go to county court house and tell them you want the probate dept and go in and ask them how to do it.


In Florida your father passed away and in the will everything goes to your mother does she need to go to probate or does she just assume all assets without going to probate?

If the estate includes any assets that are in your father's name alone then his estate will need to be probated. If that is the case, you and your mother should arrange a consultation with an attorney who specializes in probate who can review the situation and explain your options.


Can you probate a will personally?

No. A Will only goes into probate once the principal (the one who created the Will) has passed away. The Executor or the person in-charge of the principal's assets, would be the one to present the Will to court for probate. Even if there is no Will, the deceased person's assets will still need to undergo probate for the state to determine where and to whom his assets will go to.


What is the first thing to do if your father passed away and there isn't a will?

Speak with friends who can recommend a decent probate attorney in the domiciled county. If they don't know one ask a trusted doctor. The probate attorney will let you know what to do.


If someone has made a will however passed away who can see the will?

No one can see the will while it is in the possession of the person who has it until it is filed for probate. Once it is filed it becomes a public record and you can request the file at the probate court and read the will.


Can I sell my father's vehicle if the vehicle is still in his name and he passed away?

You do not have the authority to do that. You can obtain permission from the probate court, or the executor of the estate. Often there is a small estate probate method that allows it to be done quickly and at limited cost.


If I file bankruptcy and I'm on the deed for my son's condo can they take the condo away?

Your interest in the condo will be considered part of your assets.


My father passed away recently and am an only child with his will leaving everything to me. Must I probate the will?

Yes you must probate and become the administrator over the estates and items he possesed. You will need to contact a lawyer that deals with these situations to help the process.


How do you become executor of your mothers estate after she passed away?

Apply to the probate court using the correct forms. They will issue a letter of authority allowing you to represent the estate.


When should an executor of an estate know they are appointed executor?

When the testator has passed away. That is when their duties begin. The first thing they have to do is file with the probate court to be appointed as executor.


Your father passed away so what do you do with his credit card accounts?

They are included in the state probate procedure. When the deceased's estate (debts and nonexempt assets) is filed with the probate court, creditors will be notified and given a specified amount of time to file a claim. A qualified attorney is usually required as probate procedure can be complicated and costly.