The will must be filed for probate and you must be appointed executor by the court. An 'executor' has no authority until appointed by the court. Once the will has been examined and approved and you have been appointed, the court will issue Letters Testamentary. Those Letters give you the authority to act on behalf of the estate.
It would be a good idea to file in probate court. That way you can extinguish the debt and avoid having to deal with creditors over the years to come.
You need a Letter of Authority from the probate court to act as the executor of an estate.
In the United States an executor must be appointed by the court. In Canada an Executor can be assigned through the will by the deceased. The executor must prepare all the documents and perform all the due diligence prior to the estate being granted probate by the courts. The executor is the designated person who handles all the affairs of the deceased and is the liaison person between the beneficiaries and the lawyer.
A will must be filed with the court. That makes sure that the executor is held responsible and that the appropriate taxes are paid.
Probating a will means that the will must be presented to the probate court for allowance. The court will examine the will to determine its validity under state laws. When the will is allowed the court will appoint the named executor who is usually the person who submitted the will for probate. If no executor was named in a will the court will appoint the person who requested the appointment as long as there no are objections. An executor named in a will has no power or authority until they have been appointed by the court.The court will issue Letters Testamentary to the executor and the letters provide the authority to settle the estate. The executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. The debts of the decedent must be paid before any property can be distributed to the heirs.
No, probate courts are part of the state court system.
The probate courts in Georgia have an appellate jurisdiction. This means that these courts can receive appeals from the lower courts in the Georgian jurisdiction.
The executor will have to determine sale price and who it is sold to. If there is no Will, that is usually the next of kin or someone appointed by the probate courts.
Limited or special jurisdiction
Ten counties in Texas have established Statutory Probate Courts - Bexar, Collin, Dallas, Denton, El Paso, Galveston, Harris, Hidalgo, Tarrant, and Travis. Some of these counties have more than one Probate Court; there are 18 Statutory Probate Courts total in Texas. That does not mean that only 18 courts in the state hear probate cases! In counties without Probate Courts, probate matters (such as wills, estates, and guardianships) may be heard in District Courts, County Constitutional Courts and/or County Courts at Law. In some counties, a County Court at Law may be referred to as a "County and Probate Court," but unless it is in one of the counties listed above, it is not officially a Probate Court. To find out more information about the Statutory Probate Courts in the counties named above, and for online court resources, visit the Texas Courts Guide related link.
Yes, through the probate and family courts.
Probate Courts
A probate court does not exist in the Scottish law. Wills and testaments are governed by the common law courts through administrators and executors.