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What should children do about probate if no will?

Updated: 8/18/2019
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10y ago

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The best thing is to consult a probate attorney in your jurisdiction. They will be able to direct you as to how to resolve the estate.

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10y ago
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Q: What should children do about probate if no will?
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Related questions

Are children or siblings responsible for deceased estates?

As long as the children are adults and there is no surviving spouse the children would qualify to probate the estate. If there was no will one must petition to be appointed the administrator of the estate. You should consult with an attorney who specializes in probate law in your area.


How long and how hard does executor look for heirs?

You should consult with an attorney who specializes in probate in your jurisdiction.You should consult with an attorney who specializes in probate in your jurisdiction.You should consult with an attorney who specializes in probate in your jurisdiction.You should consult with an attorney who specializes in probate in your jurisdiction.


How does a NY resident obtain letters testamentary for a CA. deceased with no will?

You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.


Can adult children apply for probate if there is a surviving spouse?

Yes.


If Mom died with no will with two children living what happens to house?

Mom's estate must be probated and the real estate would pass to her children. You should consult an attorney who specializes in probate law.


Should my husband who has his life insurance payable to his 'estate' change it to named heirs?

Yes. He should name you as the beneficiary and your children as contingent beneficiaries. That way it will not become part of his probate estate.


Do the children have a right to probate the will?

Yes, they are heirs and entitled to file for probate. That will make sure all of the legal requirements are met and taxes paid.


How can an eighteen year old get custody of his siblings?

He should visit the local family and probate court and ask to speak with an advocate.He should visit the local family and probate court and ask to speak with an advocate.He should visit the local family and probate court and ask to speak with an advocate.He should visit the local family and probate court and ask to speak with an advocate.


If estranged children are not in will can they make a claim?

The law varies from state to state. You should consult with an attorney who specializes in probate in your area who can review your situation and determine what your options are.


Can parents make a will leaving nothing to abusive adult children?

Yes. They should have the will drafted by an attorney who specializes in probate and is familiar with state laws. A testator who wants to disinherit adult children must do it properly for the will to be effective.


Do life insurance policies have to be listed in probate?

No if there is a surviving spouse and the children are grown


Do step children have rights to probate step fathers will?

Does stepchildren have right to there stepfather will