You should make yourself known to the attorney and to the court immediately.
You should make yourself known to the attorney and to the court immediately.
You should make yourself known to the attorney and to the court immediately.
You should make yourself known to the attorney and to the court immediately.
You should make yourself known to the attorney and to the court immediately.
To properly conduct probate, all natural heirs are notified. Beneficiaries named in the will are also notified.
The court should be notified of the additional heirs by filing an amended petition for administration ASAP. That will delay the probating of the estate because the newly added heirs at law will need to be notified of the probate proceeding.
The purpose of probate is to distribute things. Without it, there is no way to appropriately inherit something.
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.
Probably. The existence of a valid will does not avoid the need for a probate proceeding. In fact, the will functions as instructions to the probate court as to (a) who will administer the estate (the executor or, in some states, personal representative), (b) who will receive property, and/or (c) who will have priority for appointment as guardian of the decedent's minor children (or, in some cases, adult incapacitated children or spouse).If the house in question was titled to the decedent alone at the time of death (that is, was not held in joint tenancy or by a trust or similar arrangement), then a probate proceeding will probably be required to determine the successor to the property. If the value of the property is not large, some states may permit a summary probate proceeding to convey title, but the proceeding is still a probate (albeit simpler).
Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.
That is the job of the executor. They have to inventory the estate, value the property, resolve debts and then distribute the remainder.
All of the heirs must be informed and either sign off on the petition to enter into probate or they filer must show they have served legal notice of the probate process.
The executor of the will is the person appointed by the court to distribute the estate according to the terms of the will and the state probate laws.
You need to consult an attorney who specializes in probate in your area who can review the situation, the first probate proceeding and the will, and explain your options, if any.
No, not everyone can file for the letter. It must be someone with a vested interest in the estate.
The reading of a will, though a wonderful literary device (particularly in English murder mysteries), is of no legal significance in U.S. jurisdictions.A better question is whether the surviving spouse, though in possession of his or her deceased spouse's original will, can refuse to submit the will to the probate court. The answer is yes, though it requires some explanation.If all the decedent's property was held in joint tenancy with the surviving spouse (a common arrangement in most jurisdictions), then there is no need for a probate proceeding to determine ownership of the property. By filing a copy of the death certificate with the appropriate authorities (usually the county Recorder for real property, the bank itself for checking, savings and CD accounts, or the brokerage house for stocks and bonds held in a brokerage account), the surviving joint tenant acquires sole ownership. If all property was held in such a fashion then there is no need for a probate proceeding and no obligation to file the will with the probate court.Another person could initiate a probate proceeding even without a copy of the will. Once the petitioner gave the surviving spouse notice of the proceeding he or she might find it to be in his or her best interest to file the will with the probate court -- though if he or she was confident that there was no property belonging to the decedent there might not be any incentive to respond to the probate proceeding even then. The petitioner who filed the probate proceeding might then have wasted filing (and lawyers) costs; it is even possible that additional costs could be assessed against the petitioner if it turned out that he or she knew or should have known that the proceeding was unnecessary.