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The estate is responsible for the decedant's debts. You should consult a probate attorney and open an estate to settle any debts and distribute assets, even if you don't think there are any assets, you might be surprised.

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18y ago

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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.


What if a spouse tells probate you had no will when you know there is one and you told him you would hand it in but you lied?

Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.


Is probate necessary for an estate that is left to surviving spouse in Michigan?

If the decedent left any property that was solely owned the estate must be probated. Any property owned as joint tenants would automatically pass to the surviving joint tenant.


In MA is a home considered an estate upon death of a spouse?

If the property was owned by the couple as joint tenants or tenants by the entirety the decedent's interest passes automatically to the surviving spouse and is not part of the probate estate. If the property was owned solely by the decedent it becomes part of the estate.


When can wife claim real property from deceased husband's estate?

The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.


What kind of insurance policies are subject to executor's fees?

Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.


How do you determine where the decedent's estate was probated?

A decedent's estate is probated in the county where she/he owned property. Check first at the county probate court where the decedent lived.


How can you as the child become the executor of the estate over the suviving spouse and no will?

Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.


What if the deceased left a Last Will and Testament regarding property?

The law requires that the person in possession of the Will must file it in the probate court immediately. Withholding a decedent's Will is against the law.The law requires that the person in possession of the Will must file it in the probate court immediately. Withholding a decedent's Will is against the law.The law requires that the person in possession of the Will must file it in the probate court immediately. Withholding a decedent's Will is against the law.The law requires that the person in possession of the Will must file it in the probate court immediately. Withholding a decedent's Will is against the law.


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.


How do you request information about the Will from a widow?

If the decedent owned property at the time of death the Will must be probated. Once the Will has been filed in Probate it becomes a public document and you can visit the court and obtain a copy. If the Will isn't filed for Probate then you need to ask the surviving spouse. If the Will doesn't require probating then you have no right to see it.


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.