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Each state has sanctions for any individual who is in possession of a decedent's will and withholds it from probate. Each state has a mandatory period during which the will must be turned over to the probate court or to the executor. If the estate must be probated as intestate, or without a will, the person who withheld the will will be held personally responsible for any damages suffered by any other devisee. It is against the law to withhold or destroy another person's will.
An example of the law in Massachusetts:
Chapter 190B: Section 2-516. Duty of custodian of will; liability
[ Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]
Section 2-516. Section 2-516. [Duty of Custodian of Will; Liability.]
After the death of a testator a person having custody of a will of the testator shall deliver it within thirty days after notice of the death to a person able to secure its probate and if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
Wiki User
∙ 13y ago
Wiki User
∙ 11y agoEach jurisdiction has laws that require the filing of a will in a timely manner. You need to check the laws in your jurisdiction. Generally, among the sanctions is being held personally responsible for any loss caused to the rightful heirs.
Each jurisdiction has laws that require the filing of a will in a timely manner. You need to check the laws in your jurisdiction. Generally, among the sanctions is being held personally responsible for any loss caused to the rightful heirs.
Each jurisdiction has laws that require the filing of a will in a timely manner. You need to check the laws in your jurisdiction. Generally, among the sanctions is being held personally responsible for any loss caused to the rightful heirs.
Each jurisdiction has laws that require the filing of a will in a timely manner. You need to check the laws in your jurisdiction. Generally, among the sanctions is being held personally responsible for any loss caused to the rightful heirs.
Wiki User
∙ 11y agoThere is no single, universal penalty. The laws vary in different jurisdictions but any person who knowingly withholds a Will from being probated is subject to penalties. Most states have a relatively short time period during which a Will must be filed. You should consult with an attorney in your jurisdiction who specializes in probate law.
There is no single, universal penalty. The laws vary in different jurisdictions but any person who knowingly withholds a Will from being probated is subject to penalties. Most states have a relatively short time period during which a Will must be filed. You should consult with an attorney in your jurisdiction who specializes in probate law.
There is no single, universal penalty. The laws vary in different jurisdictions but any person who knowingly withholds a Will from being probated is subject to penalties. Most states have a relatively short time period during which a Will must be filed. You should consult with an attorney in your jurisdiction who specializes in probate law.
There is no single, universal penalty. The laws vary in different jurisdictions but any person who knowingly withholds a Will from being probated is subject to penalties. Most states have a relatively short time period during which a Will must be filed. You should consult with an attorney in your jurisdiction who specializes in probate law.
Wiki User
∙ 11y agoEach jurisdiction has laws that require the filing of a will in a timely manner. You need to check the laws in your jurisdiction. Generally, among the sanctions is being held personally responsible for any loss caused to the rightful heirs.
Wiki User
∙ 11y agoThere is no single, universal penalty. The laws vary in different jurisdictions but any person who knowingly withholds a Will from being probated is subject to penalties. Most states have a relatively short time period during which a Will must be filed. You should consult with an attorney in your jurisdiction who specializes in probate law.
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How can you go about filing a claim for your deceased wife estate?
Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.
What are probate procedures for Arkansas?
Probate is a legal term for the court procedure of finalizing the affairs of a person who has died and left a will. Usually the executor named in the will begins the probate process by filing the original will with the court.
What court document is needed to get money out of a bank account after death and where do you get it?
It is a Letter of Authority. It is issued by the probate court to the executor of the estate. Opening an estate is done by filing the appropriate forms with the court.
Where can I find Forms for filing on the executor of a will by a relative?
I need correct forms to file in probate court by a relative against the executer oa a will?
You want to remove yourself as an executor?
You are not an executor until you have filed the will for probate and been appointed by the court. You may resign by filing a resignation with the court. The court will require that you file an account and will appoint a successor.
Is there a difference between a will being admitted to probate court and a will being probated for instance you went with your brother to probate court but it was decided not to probate it?
Clarification is required as to why the will was not admitted to Probate. Was this because of a dispute between you and your brother or because the estate was so small that the court deemed it unnecessary.AnswerThere is no difference between a "will being admitted to probate court" and a "will being probated". A will admitted to probate court is being probated.However, as stated above, the will in your case was not admitted to probate court and so is not being probated. We cannot know the reason without more details. Your brother may have found it didn't require probate if the decedent didn't own property or he may have been put off by the cost of the filing. You need to ask him.
What do you do if someone is not filing deceases will with probate and just giving all his things to whoever he wants?
Petition the court to open an estate in probate. That makes sure all of the legal requirements are met and taxes paid.
Who is resposible for filing assets with probate?
That is the duty of the executor. They file a complete inventory with the court. They also have to provide a fair value on all the items.
How do you get guardianship of your nephew if your sister is in rehab New Jersey?
You should visit your local probate and family court and inquire about filing a Petition for Guardianship.
When was Court of Probate created?
Court of Probate was created in 1857.
When did Court of Probate end?
Court of Probate ended in 1875.
What kind of court administers wills?
Probate Court.
