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Does the person named by the deceased as administrator of will have to file the will?
Yes, the person named by the deceased as administrator of the will is called the executor. The job of the executor is (out of the deceased's estate) to settle all the deceased outstanding debts and pay for the funeral. Then the executor adds up everything in the deceased's estate, pays any outstanding taxes and any inheritance taxes that may be due and presents the account of all this along with the will to a special court called a probate court. If the court is happy with what has been done the executor is then granted a probate document which allows him dispose of the remainder of the estate as the person's will instructs. Without the deed of probate, companies like banks and stockbrokers will not accept the executors instructions to do things with the deceased's property.
The filing of the will is the act of presenting it (and the accounts) to the probate court.
What else can I help you with?
How do you find out who the executor of your grandmas unclaimed money is when she did not have a will?
If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.
Can you file a deceased person on your taxes?
No. A deceased person is not a taxable person. and as such it cannot be filed as taxable person or entity.
Who appoints adminstrator for the deceased when the deceased has living kids and parents but didn't have a will.?
The family should decide who should take that position and that person would file a petition in probate court asking to be appointed Administrator. If no one is interested in making that a family decision then anyone in the family can file the petition to be appointed.
How do i file to be Estate Administrator?
To file to be an Estate Administrator, you typically need to start by submitting a petition to the probate court in the county where the deceased person lived. This petition usually requires documentation such as the death certificate and a will (if one exists). You may also need to provide information about the deceased's assets and debts. It’s advisable to consult with a probate attorney to ensure you follow all legal requirements and procedures correctly.
How can someone file for executor of an estate without a will?
To file for executor of an estate without a will, a person can petition the probate court to be appointed as the administrator of the estate. The court will consider the person's relationship to the deceased, their ability to handle the responsibilities of the role, and any objections from other interested parties. It is important to follow the legal process and requirements set by the court in order to be appointed as the administrator of the estate.
If a 1099-C is received for a deceased person does the administrator have to file a return if they were no other income?
Sure....and even without it, to actually close everything out the best, i should think you would want to have a final return filed.
What if the named executor of the will does not have record of the deceased?
Answer: You need proof of death to file a petition for probate.
Is brother-in-law eligible to file to be administrator of sister and her husbands estate?
Yes, if there are no suitable blood relatives, or ones of legal age, of the deceased parties, AND the deceased left no instructions as to who to appoint their executor. Whoever is appointed by the probate court will be responsible for administering the obligation under the laws of the state and they must report their actions to the court as well.
Can I file my deceased father's Tax return?
The person who is designated as the Administrator or Executor of his estate is the one who has the right to file this return and to negotiate any refund check if one is due. The return must be filed and the type of return is a Decedents Return. Only the person authorized in the will and by the local Probate or Magistrate Court is able to take care of these matters.
How do you sue an estate of a deceased person with no will?
To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.
Why are there two 1040 federal tax forms?
If a taxpayer died before filing a return for 2012, the taxpayer's spouse or personal representative may have to file and sign a return for that taxpayer. A personal representative can be an executor, administrator, or anyone who is in charge of the deceased taxpayer's property. If the deceased taxpayer did not have to file a return but had tax withheld, a return must be filed to get a refund. The person who files the return must enter Deceased, the deceased taxpayer's name, and the date of death across the top of the return. If this information is not provided, it may delay the processing of the return.
Can you file a mechanics lien if the person is now deceased?
Yes, you can file a lien against the property. The estate will have to clear the claim.
