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You file a probate under the name the person used while they were living. If you want to add an "also know as" or "formerly knows as" then you add it after their name. If you file a probate under a name not used by the decedent then it would have the appearance of trying to avoid creditors or notice to next-of-kin.
What else can I help you with?
Can a finance institution go after a deceased persons estate to collect on a car turned in under voluntary repossession?
Yes they can but probably only thru the probate court and the estate would have to be solvent.
Do wills in UK go into probate court?
Not necessarily, it depends on the deceased persons assets. Did they have individually owned assets? If everything is jointly owned or under £5k there is not normally a requirement to send a will to probate.
What can you do with the contents of a house that was left to us in a will but is still under probate?
Don't do anything. The property left to you does not legally become yours until such time as the deceased's will has completed the probate process.
How can someone find out what a deceased assets are in probate without contacting the executor?
They can obtain the accounting of the estate provided to the probate court. In the US under the Freedom of Information Act it would be a public record.
If your deceased mother left a revocable trust but owns a car could it end up in probate?
Perhaps, it depends upon the terms of an existing Will and the exemption status as designated under the state's probate laws.
What happens to a car when there is no will?
When there is no will, all the possessions of the deceased come under the control of probate court, and the court decides how the assets are divided. That will include the car.
How do you find out if you are entitled to an inheritance if both children died and only the grandchildren are alive?
Contact the probate court in the state and county where the deceased person resided for assistance. After probate for an estate has been concluded the information including the Will becomes public record. Executors, executrixs, administrators of estates must contact all the persons named in a Will or who are included in a share of the assets or property by probate succession laws. If the person cannot be found then their share of assets or property will be held for the time required under the state probate laws.
Do you have to probate a will?
In the UK it would depend on the value of the deceased assets. Generally speaking if the assets are under £5000 and no institution i.e bank or insurance company have asked you for a grant of probate it may not be necessary
How do you know if the will went to probate?
If a will has been probated the name of the decedent will appear in the probate index. You can check the index at the probate court of jurisdiction. If there is a file under the name of the decedent you can request it, review the will and review any other filings in the case.
You've been appointed POA over your mothers estate and she passed away. Can you view the paperwork on the internet?
First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.
How do you find out What is in a will and if probate has cleared?
Once a probate has been filed in the court of jurisdiction it becomes a public record. You need to check the index at the probate court where the decedent last lived to see if a probate has been filed. Many probate offices are computerized. You should try calling first to see if a clerk will check the name in the computer index for you.
If a spouse dies does the sole heir have to file in probate?
Probate is the legal process of settling the estate of a deceased person, specifically resolving all claims and distributing the decedent's property under a valid will. Probate protects the instructions of the deceased, confirms the executor as the personal representative of the estate, protects the interests of family members who may have claims against the estate, and protects the executor against claims and law suits. Once a will has been probated by a court, everyone can rely on its authenticity.In most countries you have to file for probate if the value of the estate exceeds a fixed amount - you need to ask a qualified legal adviser as to the requirements under your countries' laws.
