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Why must a court appoint a Personal Representative to Probate a Will?
The court must ascertain that all the requirements set forth in the probate laws have been met. The Will must be deemed valid and the court must confer legal authority upon the personal representative before they can act.
Is a personal representative the same as an executor?
For practical purposes, yes. An executor is someone who administers an estate of a person who left a valid Will. An administrator is someone who administers an estate of a person who did not leave a valid Will. The term "personal representative" described both an administrator and an executor.In the United States the term personal representative is used in the Uniform Probate Code to refer to the person authorized by the Probate Court to settle the estate of a decedent. As states adopt the Uniform Probate Code the term personal representative is becoming more common.
Who is the personal representative of a deceased person with no will in the state of Ohio?
Whomever obtains the letter of authority from the probate court.
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
How do you gain power of attorney of your dads estate without a power of attorney?
A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.
How do you become personal representative after husband dies in Indiana?
You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.
How can you find the personal representative of a deceased estate?
Visit the probate court in the jurisdiction where the decedent lived and check to see if a probate was filed. You can review the file to see who was apppointed.
Do you have to go through probate in Oregon if there is a will that appoints a personal representative?
Yes, a will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
What is the standard time for probate on wills?
The standard time for probate on wills depends on how far one lives from their personal representative you are. So it could be a few days to a couple of weeks.
What is a probate 850 code hearing?
A probate 850 code hearing refers to a specific type of court hearing in California that addresses the petition to determine the validity of a will or to appoint a personal representative when there is no will. This hearing is conducted under California Probate Code Section 850, which allows interested parties to resolve disputes regarding property ownership or the distribution of assets. The hearing provides an opportunity for parties to present evidence and arguments regarding their claims, ultimately assisting the court in making a decision on the probate matter.
How do you obtain appointment as the personal representative of an estate?
Pick up a set of probate instructions at your local courthouse, or they may be available on line. Then follow the instructions and file the appropriate forms with the court and they will issue a letter of authority.
Can a personal representative quick claim a deed from an estate to a person?
Yes, a personal representative of an estate can execute a quitclaim deed to transfer property from the estate to an individual, provided they have the authority to do so under the terms of the will or state probate laws. This process typically requires the personal representative to be officially appointed through probate court. The quitclaim deed serves to transfer any interest the estate has in the property, but it does not guarantee clear title. It's advisable for the personal representative to consult with an attorney to ensure proper procedures are followed.
