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When an estate case is closed by probate is the will still in effect?
JEA2011
An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.
An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.
An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.
An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.
Wiki User
∙ 9y ago
Wiki User
∙ 9y agoAn estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.
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Is a house bought from an estate in probate considered owned by the deceased or by the beneficiaries?
That depends on more details. If the estate is closed the property is owned by the beneficiaries or next of kin depending on the type of probate proceeding. If the estate is not closed yet then the estate fiduciary would still have some or all of the control over the property. You can provide more details on the discussion page.
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.
Missouri law. Died before signing new trust papers and will?
The distribution reverts to the former will and papers which are still legally in effect. If no such will or papers are in effect, the Probate Court will hande the estate as an Intestacy case.
Can a creditor still collect a debt after an estate has been closed?
If the estate was duly probated and is now closed then the creditor is out of luck. When an estate is probated a notice is published and the creditors have a certain time period during which to file a claim with the probate court. That time period varies from state to state. If that time period has passed the creditor cannot collect.
My uncle has died and his house is part of the estate under probate. can we rent it out when it is still under probate?
Yes, the executor of the estate may do what they can to insure the value of the estate doesn't lose value. But the estate will need to file a tax return for the rental income.
Can you put a will in probate after some of the money has been given to the people in the will?
Yes, the will can still go into probate. The distribution should be recorded in the books of the estate.
Can I sell my father's vehicle if the vehicle is still in his name and he passed away?
You do not have the authority to do that. You can obtain permission from the probate court, or the executor of the estate. Often there is a small estate probate method that allows it to be done quickly and at limited cost.
If you are not to inherit can you still read the will of your mother?
You can obtain a copy of your mother's will at the probate court where the estate has been filed.
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.
What happens to the estate in Va. if there is no will?
In Virginia, if there is no will, the estate will be distributed according to the state's intestacy laws. Typically, this means that the estate will be inherited by the closest living relatives, such as a spouse, children, parents, or siblings, in a specific order of priority set by state law.
Can an executor who is also a beneficiary get money from the estate while still in probate?
If the estate contains enough assets to settle all of the debts, they can. Also, the executor is, by law, entitled to be paid for their time. The rate is often set by law and the probate judge has to approve the distribution. If they have properly documented their time, it is reasonable to bill the estate and collect it.
Do we have to go to probate court if a will is uncontested?
The executor of the estate submits the will to probate court if it is necessary to do so. It is only necessary when there is a large estate, many heirs, outstanding debts, or a possibility if someone is going to contest the will. In a case where the will isn't going to be contested a lot of time and money can be saved by doing a "short probate" if available or not choosing to submit the will to probate court at all. You will still need to go to probate court. The process is faster though and you will be put on the uncontested docket.
