0
Probate
Probate is the process and the type of court that handles the evaluation of an estate. This includes the inventory and the subsequent liquidation through settling debts and the transfer of property.
2,421 Questions
In what order should an estate pay creditors?
Most states have laws that categorize types of debts and then gives those categories priorities over one another in a particular order. Usually, all creditors in a class must be paid in full before creditors in the next class can receive anything. Burial costs are at the top of the list.
For example in New Jersey, funeral expenses get paid first, then administration expenses; then debts that may have priorities set by law; then expenses of the decedent's last illness; then judgments against the decedent in order of their priorities; then general creditors. If an estate does not have enough money to pay all bills in full and if the executor pays a lower priority creditor to the exclusion of a higher priority creditor, the executor may be liable to pay that higher priority creditor himself if there is insufficient money to pay all debts.
If the executor is positive that there is enough money to pay all debts then he does have some leeway to pay some sooner than others; but he is not allowed to pay the decedent's last telephone bill if there isn't enough money to pay for funeral expenses.
Can you be executor and power of attorny in the same will?
Yes. A person can name the same individual as their attorney in fact under a Power of Attorney and as the named Executor in their Last Will and Testament. Generally, a Power of Attorney is extinguished by law at the time of death of the principal. At that time the person named as Executor needs to petition the Probate Court for appointment as Executor.
What is the time limit for probate estate in florida?
The minimum is going to be about 4 months. You have to give those owed money at least 90 days to identify themselves.
Is a suicide note considered a legal will?
It is possible if it meets the requirements for the appropriate jurisdiction. A holographic will (Handwritten) can be valid if it is signed and dated.
Can You contest a beneficiary?
You can contest a Will if you have a reasonable claim that the will is invalid. You may not contest the will just because you think someone received too much or not enough or the privisions set forth in the Will are unfair.
A Will can be contested by any person who has a vested interest. That means that they must either be one of the beneficiaries or they must be a person who would have been considered a beneficiary if there was no Will. When the will is contested the claim of invalidity by the contester must be investigated to ensure that the will is a valid one.
Some of the most common reasons to contest a Will are:
- technical defects- not witnessed properly, not acknowledged, etc
- fraud
- decedent was not competent to execute the Will
- undue influence of another person
- not the most recent Will
Something to keep in mind is that a person has the right to decide who gets their property after their death. That right is one of the most ancient and respected.
Can a minor hold title of real estate property in AZ?
Anything younger than 18 is a minor. Until then they cannot contract or hold real property.
The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set forth in the will. However, all the powers of the office may be carried out according to the discretion of the executor without any interference by the beneficiaries. If the beneficiaries have questions concerning the executor's role they should first contact the attorney who is being paid to handle the estate.
What are the Beneficiaries rights in an estate?
"Rights" may not be the appropriate term. A beneficiary has a "claim" to the estate, arising from their inclusion in the will. Anyway, to get to your question, a beneficiary should be given a copy of the will, so that they may view their entitlement, and the entitlement of all the other beneficiaries. Also, the Executor should contact you and inform you of their progress administrating the estate. As a beneficiary, you may have legal recourse if you do not think the Executor is administrating the estate correctly.
Can an executor evict an heir from estate during probate in the state of Massachusetts?
Yes, they can start the eviction process. They are responsible for the estate and its property. They could also collect rent.
In Georgia what happens when a spouse dies without a will?
Then his or her estate is divided according to the local laws of intestate succession, generally giving all or half to a surviving spouse or children of the whole blood, if any, and otherwise to the parents and their descendants of the whole blood, if any, and otherwise to grandparents and their descendants ... then to any step-children, then to any further distant relatives (often to a limit of 4 or 5 generations), then to the state.
If you didn't notice, nowhere in the list was there any mention of "domestic partner".
The good news is that there are books written about how to obtain better results as a "spousal equivalent", without being married, but it's complicated.
Must executor of will be notified if he is removed as executor?
If the will is changed, there is no requirement. If the court has already appointed them, then yes, they must be notified that their letter of authorization is no longer valid.
As a matter of law, once you commence acting as executor, or intermeddle in an estate as it's also called, you are responsible for the administration of the estate. As such, if you wish to resign as executor after taking control of the testator's property, you must formally renounce your position in writing. In order to do this, you will need to submit a letter of renunciation in writing to the probate court. The precise form of this letter can vary from state to state. As such, you should check with your local probate office to see what precise form is required.
How do you check the status of your mothers estate that is in probate?
If you live near the court you can visit the probate court, request the file and see for yourself when the last filing was made and at what stage the probate procedure is at the moment. That is the best way to check the status.
You can try calling the attorney who is handling the estate. A few probate courts have records available online. Perform a search using the county, state and probate records. If the records aren't available online you can try calling the court. Some court clerks are very helpful and some are not helpful at all.
How can you be appointed an Administrator for probate?
First, you must qualify under the laws in your jurisdiction. Generally, the administrator must be an heir at law or creditor of the decedent. If qualified, you file a petition for administration at the probate court where the decedent resided.
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.
How do you change the executor of a will?
The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses.
An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.
In Illinois what makes a will go to probate?
The fact that the will exists. All wills need to go through probate to allow proper distribution, evaluation and paying of taxes.
Can the executor of a will receive compensation for being executor and beneficiary?
Unless specified otherwise in the will, an executor is entitled to compensation for their work. Anything they inherit is a separate accounting.
How do you go about getting Letters of Administration?
Generally, you must be qualified under your state law to petition to be appointed the Administrator of the estate. In most jurisdictions that means you need to be either an heir or a creditor of the decedent. If you are qualified then you file a Petition for Administration with the Probate Court. You will need a certified copy of the death certificate to accompany the Petition. When the Petition is allowed you will be appointed the Administrator of the estate and the court will issue Letters of Administration. After the appointment has been made you will have the authority to administer the estate and will be required to perform all the tasks required of an estate Administrator.
Does the eldest child become executor of an estate when there is no will in Pennsylvania?
There is no law that the eldest takes over the estate. It's up to the family to decide. The youngest may be the best choice if they have strong organizational skills and have the time to act as administrator. An executor is appointed when there is a will. Whoever is chosen by the family must petition the court for appointment. Once appointed they will have the legal authority to handle the estate.
If there is no will does it have to go to probate?
If the decedent owned property in their name alone then their estate must be probated. A person who dies without a will who owns property is said to be intestate. See the related question below for information on intestate estates.
What are the rules of probate?
Your question is much too broad. If you want to read the probate code in your jurisdiction you need to visit a law library and ask the law librarian to help you locate the probate code. You should set aside several hours for completing this task. You should be able to find a law library at the courthouse in your area or at a law school if there's one nearby. You could also do an online search for your state + probate code. Many state codes are now available online. Your state may be one of them.
The named executor must submit the will for probate and request appointment as the executor. Once appointed they will have the sole authority and responsibility to settle the estate. The executor should hire an attorney, especially if there is real estate.
The other family members have no right to interfere with the executor's handling of the estate unless the executor fails to perform their duties properly. They do not have any right to handle any property of the estate. The executor must follow the state laws that govern estates and the debts must be paid before any property can be distributed to the heirs. The executor will be eligible to charge a fee for their services and the fee is set by law. Any family member can monitor the progress by visiting the court and requesting to review the probate file.
What is the statute of limitations to probate a will in New Jersey?
There is no statute of limitations to probate a will in New Jersey. However, if a newer will is discovered after the probate of an earlier dated will or after grant of letters of administration in absence of a will, probate of the new will could be denied if distribution of assets has already occurred and it is impossible to recover them.
