An estate must go through the probate process before being settled to ensure that all relevant taxes and fees due are paid. Once this has happened the estate can be settled and distributed as stipulated in a will.
Outstanding legal issues are settled in probate court.
They can certainly do so during the probate process. But a fair market price must be paid for it.
No. Generally, the death certificate must be submitted with the petition for probate.
In many cases the court will allow it. You may have to appear before the probate judge to start the process.
Only if the executor gives the green light. All the debts and taxes have to be resolved before the estate can be settled.
Most probate advance companies are national. The variability of the probate process in time and complexity makes a hard and fast rule on cost unworkable. Probate advance companies are going to want to know your specifics before giving you a quote.
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.
No, an executor of a will cannot distribute assets before probate is completed.
Probating a will means that the will must be presented to the probate court for allowance. The court will examine the will to determine its validity under state laws. When the will is allowed the court will appoint the named executor who is usually the person who submitted the will for probate. If no executor was named in a will the court will appoint the person who requested the appointment as long as there no are objections. An executor named in a will has no power or authority until they have been appointed by the court.The court will issue Letters Testamentary to the executor and the letters provide the authority to settle the estate. The executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. The debts of the decedent must be paid before any property can be distributed to the heirs.
They can collect before it is settled
It is generally recommended to go through the formal check-out process at a hotel before leaving to ensure there are no issues with your bill or room. However, you can leave without checking out if you have already settled all charges and do not require a receipt.
Items removed from an estate before it has been settled can complicate the probate process. Generally, these items may still be considered part of the estate's assets, and their removal can lead to disputes among heirs or beneficiaries. If the items were taken without the consent of the executor or the court, the individual who removed them may be required to return them or compensate the estate for their value. It’s advisable for all parties involved to seek legal guidance to navigate these situations properly.