Whomever obtains the letter of authority from the probate court.
Pick up a set of probate instructions at your local courthouse, or they may be available on line. Then follow the instructions and file the appropriate forms with the court and they will issue a letter of authority.
To open an estate for a deceased person, you typically need to file a petition with the probate court in the county where the person lived. This involves submitting the person's will, if they had one, and providing information about their assets and debts. The court will then appoint an executor or personal representative to manage the estate and distribute assets to beneficiaries. It's important to follow the specific probate laws and procedures in your state.
Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.
If the deceased was a resident of Georgia, as a representative of the estate, you can "file" a will with the probate court regardless of where you live. If the deceased lived in Calif and had a living trust here moved to Georgia and only lived there one month before passing but also had a living trust there which one is valid? Do you need to be a resisdent of Georgia to file a will in that state? SEE DISCUSSION PAGE
If the estate is not subject to probate procedure the personal representative should inform creditors of the death of the person and the deceased's financial status by means of a simple affidavit. Unless checking accounts and other assets (insurance benefits, bonds, stocks, etc.) and property are exempted under state laws, they are subject to creditor action. The best option is to consult with a qualified estate attorney before spending, transferring, distributing or taking any action regarding the personal and/or real property of the deceased.
A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.
Yes, a personal representative of an estate can execute a quitclaim deed to transfer property from the estate to an individual, provided they have the authority to do so under the terms of the will or state probate laws. This process typically requires the personal representative to be officially appointed through probate court. The quitclaim deed serves to transfer any interest the estate has in the property, but it does not guarantee clear title. It's advisable for the personal representative to consult with an attorney to ensure proper procedures are followed.
According to the information at the link below- two years.
If probate did not apply that indicates the person is deceased. The interested party would not be able to file a request with the probate court to obtain a copy of the will, therefore, the only recourse is to file a suit against the deceased's personal representative and legal counsel. Be advised, it is unlikely that such a suit would be successful if the parties involved followed the prescribed legal procedures according to the laws of the state in which the deceased resided.
The statute of limitations for debt collecting from a deceased person in the state of Kansas is ?æfive years. However, the statute of limitations for debt collection will vary in other states.
Washington State is a community property state, in most instances a surviving spouse is responsible for the deceased spouse's debts depending upon the nature of the debt and how the deceased's estate is handled under state probate laws.
Talk to your lawyer.AnswerIf that's his only property and he doesn't have a wife or children you can visit your local probate court and request an expedited administration. The court can issue a document that will enable you to collect the funds and close the account.