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All wills go to probate. It's a matter of how long the process takes. When there is a will, the probate proceedings are called "testate proceedings." The heirs usually decide if it is necessary to submit the will for probate, especially if an executor has not been appointed. The court reviews the will, makes sure that it is valid, reviews and validates the death and appoints an executor if there is none.

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15y ago

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If a driver died without a will who can legally drive his vehicle?

When a person dies intestate (without a will), the vehicle goes into probate with the rest of their estate, until the court determines how the deceased person's belongings will be awarded.


Sample of a letter of administration for probate?

Letters of administration of probate are issued by the court. If a will is left by the deceased, the property is distributed according to the will. If there is no will, the property goes into probate and the courts decide.


Do all parties have to agree to use an attorney to probate a will?

The executor makes the decisions. There is no other requirement.


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Depends on which one. One determines amount of air that goes into motor, other determines amount of air that goes out of motor.....


One primary advantage of having a will is that your estate avoids probate?

No, you still have to go through probate. But you get to decide where your property goes. Otherwise without a will the state will decide (ORC) where your estate goes. It makes it simpler for you and your loved ones in the end.


Can you change a person's wishes after the will has gone to probate?

No. Only the testator may change his/her will. Once the will goes to probate, the testator has already died. Since they are dead, they cannot change their will.


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.


If a marry couple died without a will what happens?

The estate goes into probate and will be awarded to the state or residency.


What happens to estate after both spouses pass away?

Goes into probate & courts determine disposition.


If a will is voided who inherits?

If a will is ruled "void" by the court; if there is no previous valid will to fall back on, the estate becomes INTESTATE and the Probate Court determines how the estate is to be divided.


How can you get the money from your deceased mothers checking account?

The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.


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.