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If the testator owned any property in her/his own name at death the estate must be probated. If the testator left any bequests to any other heirs it is illegal for the surviving spouse to withhold the will from probate.
If all the property owned by the couple was jointly owned with the right of survivorship and there was no personal property devised to any other heirs then the estate need not be probated.
If you're not sure you should consult with an attorney who specializes in probate who could review the situation and determine what your obligations are.
What else can I help you with?
What are the rights of the heirs to see the will or trust of their deceased parent when the surviving spouse refuses to allow them access?
They can file a petition in the probate court requesting a copy of the will.
Can a beneficiary ask what an estate is worth?
Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.
How do you divorce someone in Ohio if you live in Florida?
You have a few options. You can file for divorce in the state that you were married in (even if it is different from Ohio or Florida), or in any state that you are our spouse is a resident of. It would be a good idea for you to file first and in Ohio so that you do not have the burden of traveling to Florida but you do have a few options for filing.
Can your step mother as executor do what she wants with dads property?
No. She must file the will with the probate court and request appointment as the executor. If she is appointed then she will have the authority to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. The will and probate file becomes a public record once it is filed and you can monitor her activities as executor.
Where can you look up a will after presented to the probate court for allowance?
The probate court clerk will have the will on file.
Can you file for probate without s will?
Yes, you can file for probate without a will. If there is none, the intestacy laws for the jurisdiction (state) will be used to distribute the estate.
Can one spouse file for divorce without the other spouse's consent?
Yes, one spouse can file for divorce without the other spouse's consent.
Is it possible to file probate without a lawyer in the state of Florida?
No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated
Do you have to file taxes jointly with your spouse?
No, you do not have to file taxes jointly with your spouse. You have the option to file taxes separately if you choose to do so.
Can a will be filed with the probate court before you die?
Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.
What exactly can be done if spouse does not want to file chapter 7 with other spouse?
File it by yourself. Spouse does not need to file. Any joint debts will become her sole responsibility.
When a person dies is their estate automatically placed in probate?
It does not happen automatically. Someone has to file for the probate to be opened.
