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Is an estate document notarized in one state admissable in a probate court in another state?
It depends on the two state's laws. Generally, though, as long as the document execution meets the requirements for the state in which you are attempting to admit the documents into probate, then yes.
Some states have statutes that allow a will that is valid in the state of origin even if it is not valid in the state where the property is situated. For example, the requirements for a valid will that disinherits adult children are more stringent in Massachusetts than in Florida. However, Massachusetts law allows a foreign will as long as it is valid in the state of origin.
What else can I help you with?
Can a Virginia notary be used on a California legal probate document?
I have a California Probate document that I need to notarize. Can I have it notarized in the state of Virginia instead of California and still be legally binding?
In Tennessee can a Notary Notarize a will?
Yes. Although a Tennessee will does not have to be notarized to be legal, having your will properly notarized so as to be "self proving" will make the probate process easier. See the information provided at the link below.
Do you need an attorney to make a will?
Though the probate laws differ from state to state, most states will accept a notarized, hand-written, witnessed document as a valid will. Remember, neither witnesses or notaries are allowed to be a part of the document that is being signed. Always check with a legal professional or research the laws for your state through a site like www.findlaw.com.
Is a will a public document?
A will becomes a public document when it has been presented to the probate court for allowance. A will that hasn't been probated is not a public document.
Can a will be held up in court if a person writes their own and has it notarized?
It does not affect the probate of the will. As long as it meets the requirements for the state laws, it will be fine.
What do I do if I have a will that is hand written but never filed or notarized by the deceased?
If the handwritten will was not properly signed, witnessed, or notarized by the deceased, it may not be considered legally valid. It's important to consult with a probate attorney to determine the next steps and whether the handwritten will can still be submitted for probate. Without proper execution, the handwritten will may not hold up in court.
How do you file a renunciation of inheritance?
To file a renunciation of inheritance, you typically need to draft a formal renunciation document stating your intention to decline the inheritance. This document may need to be notarized and filed with the probate court handling the deceased person's estate. It's advisable to seek guidance from a legal professional to ensure the renunciation is done correctly according to the laws in your jurisdiction.
Does the power of attorney papers need to be notarized?
It depends upon the probate laws in the state where the POA is going to be used. Contacting the clerk of the probate court in the city or county of residence will obtain the needed information.
If a will is signed and notarized and everything is left to family members does it have to go to probate court?
Every will should go through probate. That makes sure all the debtors are satisfied and that the will is executed properly. It also makes sure the appropriate taxes are paid.
What happens when you make a will and in your probate you leave your house to your 4 children but later you change your will to one child having your house but didn't change your probate who gets it?
I'm not sure what you mean by your probate? Your will is the legal document. Probate does not exist until after your death and the court issues the letters of authority.
Pertaining to a will what does pro bated mean?
Before the estate comprising a will can be passed on as set out in the will (by the executor) the exact size of the estate has to be recorded, all bills settled and all taxes due on the estate have to be payed (income tax and inheritance tax). The will (and proof that this has been done) has then to be presented to a probate court (which will keep the original will as a public record) which grants probate on the will. The probate is a document from the court formally authorizing the executor to sell property, transfer assets etc as set out in the will. The probate document is sent, along with the executors instructions to the organizations holding the assets. Without the probate document the organizations can not legally act on the executors instructions.
What if your father passed away and you are the executor of his estate He has a checking account and the bank will not give you any information on it Can they hold any info from you?
If you have officially filed the will for probate you should have received a document called letters testamentary from the court soon after you filed. Present that document to the bank and if they still won't issue a check, get a probate attorney. tiekh@yahoo.com Probate Researcher
