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Who is responsible for the deceased's credit card debt when probate procedure is not required?
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Answered 2010-04-27 23:43:58
If the estate is not subject to probate procedure the personal representative should inform creditors of the death of the person and the deceased's financial status by means of a simple affidavit. Unless checking accounts and other assets (insurance benefits, bonds, stocks, etc.) and property are exempted under state laws, they are subject to creditor action. The best option is to consult with a qualified estate attorney before spending, transferring, distributing or taking any action regarding the personal and/or real property of the deceased.
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When is a probate procedure required in a family death in the state of kansas?
A probate procedure is required when the decedent owned any property in their sole capacity.
When is a probate procedure required in a family death in the state of Massachusetts?
Generally, a probate is required if the decedent owned any property.
Is leased land exempt from probate procedure?
The contract is an asset of the estate and is going to be subject to the probate procedure.
Is new york state subject to probate procedure for credit card debt?
Yes. A decedent's estate is responsible for the debts of the decedent.
Your father passed away so what do you do with his credit card accounts?
They are included in the state probate procedure. When the deceased's estate (debts and nonexempt assets) is filed with the probate court, creditors will be notified and given a specified amount of time to file a claim. A qualified attorney is usually required as probate procedure can be complicated and costly.
Who is responsible for expenses while a home is in probate?
The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.
Probate procedures for multiple deceased members?
A probate procedure would need to be filed for each member who died owning an interest in the property. You should consult with an attorney who specializes in probate.A probate procedure would need to be filed for each member who died owning an interest in the property. You should consult with an attorney who specializes in probate.A probate procedure would need to be filed for each member who died owning an interest in the property. You should consult with an attorney who specializes in probate.A probate procedure would need to be filed for each member who died owning an interest in the property. You should consult with an attorney who specializes in probate.
Is probate procedure required in Illinois?
A probate proceeding is required when a person dies who is the sole owner of property. Title to real estate must pass through probate in order to vest in the heirs. In some jurisdictions there is a speedy process when there is personal property under a minimum dollar amount or the only property is a motor vehicle. You should seek the advice of an attorney.
Is a family responsible for medical bills after death?
Only if they signed an agreement accepting the responsibility to do so. If that is not the case, the medical bills will be included in the state probate procedure.
Is probate required in Arkansas?
Yes it is.
Is it required to probate a will?
If there is a will it must be probated.
Is probate needed when you inherit a home with a mortgage?
The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.
What does probate court have to do in the reading of a last will?
There is no official reading of a last will required. The probate court has nothing to do with it.
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.
Who is responsible for debt when a person dies in Washington?
The estate is responsible for debt. That is one of the reasons for opening probate.
What does probate a will mean?
It means to go through the probate courts to settle an estate. An executor will be appointed by the court to inventory and distribute the estate according to the will.
Can a will be filed with the probate court before you die?
Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.
What is probate procedure when brother dies without will?
Answer: You must file a Petition to be appointed Administrator of his estate at the Probate court where he lived. The court will provide further instructions.
Is the child responsible for medical expenses related to the parent's death?
Only if the adult child signed an agreement to take such responsibility. If that is not the case, the medical bills will be included in the probate procedure and handled in accordance with state laws.
If your parents put you on a deed of trust on a title does the entire estate go to you when they pass away?
No, such an action does not automatically negate the necessity of probate procedure as required by the laws of the state in which said person(s) resided.
Do you have to go through probate if there is no will?
Not necessarily, it depends if the deceased has any assets. In the UK if the estate is under £5k probate is not generally required.
When is probate required in California?
To find information on California probate laws, go to, or click on link below http://www.leginfo.ca.gov/calaw.html
Can an executor of an estate not notify beneficiaries of a will?
No. By law the executor must send notification of the probate procedure. An executor, including any executor named in the will, has no authority until they have been appointed by the probate court. As part of that request to be appointed they are required by law to send notice of their request to the heirs at law and beneficiaries under the will.
What does a probate lawyer do?
A probate lawyer is a lawyer who specializes in matters of the probate court, which is to say, the processes of administering the estate and property of a person who has passed away. In general, probate lawyers are responsible for the legal validity of wills and disposing of the estate as specified in said will.
What is a way to legally appoint an executor if will was lost so you can free up deceaseds accounts?
The estate would be opened up in the normal way by application to the probate court. They will appoint an executor and issue of Letter of Authorization. That allows the executor to access the accounts.
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