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When they apply to the court. The court will issue a letter of authorization appointing the executor.

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12y ago

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How does the suriving spouse claim deceased assets since there is no will?

Open an estate through the probate court. They can be appointed the executor. Consulting a probate attorney for your location is a good idea.


Who can legally probate a will?

Generally, a court appointed executor can probate an estate once the will has been proved and allowed by the court and the court has officially appointed the executor.


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.


Who is duly appointed fiduciary for the estate?

The person appointed by the probate court is the "duly appointed fiduciary". No one has the authority to settle an estate until they have been duly appointed by the probate court.


Can the executor of the estate appoint himself as power of attorney?

No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.


Can the executor stop the will being made public?

NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.NO. The executor must file the Will in probate court and request appointment. Until they are appointed by the court they have no authority whatsoever.


Can Child Protective Services take a child away from his teen mother without giving the grandfather a chance to get custody?

Yes. The grandfather can visit the probate court and petition to be appointed the child's guardian.Yes. The grandfather can visit the probate court and petition to be appointed the child's guardian.Yes. The grandfather can visit the probate court and petition to be appointed the child's guardian.Yes. The grandfather can visit the probate court and petition to be appointed the child's guardian.


When does executor of will step in when spouse is living and has different executor of will?

The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.


What is a alien resient surviving spouse entitled to in probate court?

Probate court is used when the dead person has a Will leaving their money or possessions to another person. If the dead person leaves something to their spouse, the spouse will receive it.


How do you prove executor of estate after death with no will?

There is no executor if there is no will. An executor is appointed by the court to carry out the provisions in a will once the will has been approved by the court. When there is no will an Administrator must be appointed. A qualified family member must petition the probate court to be appointed the Administrator of the estate. You should consult with an attorney who specializes in probate law or inquire directly at the probate court.


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.


Can you get a court appointed ATT for probate court?

No. Public defender's are only available in criminal proceedings.