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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
How do i apply to be administrator of a sibling estate with no will?
Petition the civil court of that jurisdiction. Go ahead and contact an attorney- you will probably need one to draw up the petition to the court.
When a person dies are the banks allowed to freeze investment accounts while going through probate?
It mostly depends on how the various accounts are setup. If an account has only one name associated with it and that person dies, the account is frozen while proceeding through probate. Same is true if the title owners of record on the account read John Doe and Jane Doe, which requires a dual signature in order to retrieve funds. If the owners of record are listed as John Doe or Jane Doe, the the spouse has survivor rights and can access it freely.
These rules can change from one institution to another and it is always wise to contact those institutions as well as get sound legal advice from a law professional.
Can an executor collect money owed to estate after estate is closed?
They have a duty to do so. The estate can be reopened to finish off any new business that arises. This is a big issue in some cases.
Can a property under probate be let?
Yes, property under probate can be rented or leased. The executor has the power to preserve the estate and this is one way of obtaining money to pay debts.
What if items were sold to settle accounts before probate?
As long as they were sold for fair market value, it should be okay. And very good records need to be kept to show the courts.
Can you probate a will personally?
No. A Will only goes into probate once the principal (the one who created the Will) has passed away. The Executor or the person in-charge of the principal's assets, would be the one to present the Will to court for probate. Even if there is no Will, the deceased person's assets will still need to undergo probate for the state to determine where and to whom his assets will go to.
The attorney has a fiduciary-client relationship with the executor. Note that if a beneficiary believes they have a valid cause of action against the executor for mishandling the estate the beneficiary must retain their own legal representation. The attorney who is handling the estate will represent the executor.
Who submits the estate notice to creditors?
That is the responsibility of the legally appointed estate representative. If no estate is opened and no representative appointed because there is no estate, any family member can notify the creditor of the death. It will likely request a copy of the death certificate. It is best to notify creditors as soon as possible to avoid debts going to collection as delinquent.
Can you file a civil lawsuit on a probate matter?
Yes, you can bring a civil action regarding a probate issue. This is often done to contest a will or hold an executor accountable.
Do you have to go through probate to get letters of administration?
Yes you certainly do. The probate court will issue the Letter when the estate is established. It is what banks and others will need to see in order to know that the executor has the legal right to do those things.
Although as an executor, you would receive documentation called "Letters Testamentary" as opposed to "Letters of Administration", which is the name of the documentation a personal representative of a decedent's estate receives when there is no will.
Must all beneficiaries agree to new executor before he can be appointed?
No, beneficiaries do not have to agree on the appointment of an executor. The court makes the appointment. If the family doesn't want someone appointed, the court will likely assign the duties to an attorney or bank.
Can the executor sell the property without all beneficiaries approval in South Africa?
The beneficiaries don't get to make the determination. As long as the court is satisfied, the executor can do so.
Can you reject an inheritance for your children?
No. If your child is a beneficiary under another person's Will you cannot reject that inheritance on their behalf. The court will see the inheritance is placed in trust for the child.
No. If your child is a beneficiary under another person's Will you cannot reject that inheritance on their behalf. The court will see the inheritance is placed in trust for the child.
No. If your child is a beneficiary under another person's Will you cannot reject that inheritance on their behalf. The court will see the inheritance is placed in trust for the child.
No. If your child is a beneficiary under another person's Will you cannot reject that inheritance on their behalf. The court will see the inheritance is placed in trust for the child.
How should real estate be handled in an estate?
An estate that includes real estate must be probated in order for legal title to pass to the heirs, or for the estate representative to be able to transfer legal title. You should consult with an attorney who specializes in probate law.
No. The payable on death arrangement that was made with the bank will control. That means the account will not be included in the decedent's estate. The funds will be paid over to the POD beneficiary.
A POD account is not used to entrust a person to distribute monies upon a person's death. The customary manner is to keep the funds in a joint account for convenience purposes only, to be distributed amongst the heirs upon the death of the primary account holder. That arrangement can be expressed in a will. The courts do not act on your report of what a decedent wanted to happen with her estate. In your case it should have been expressed in a will if that was indeed the plan.
No. The payable on death arrangement that was made with the bank will control. That means the account will not be included in the decedent's estate. The funds will be paid over to the POD beneficiary.
A POD account is not used to entrust a person to distribute monies upon a person's death. The customary manner is to keep the funds in a joint account for convenience purposes only, to be distributed amongst the heirs upon the death of the primary account holder. That arrangement can be expressed in a will. The courts do not act on your report of what a decedent wanted to happen with her estate. In your case it should have been expressed in a will if that was indeed the plan.
No. The payable on death arrangement that was made with the bank will control. That means the account will not be included in the decedent's estate. The funds will be paid over to the POD beneficiary.
A POD account is not used to entrust a person to distribute monies upon a person's death. The customary manner is to keep the funds in a joint account for convenience purposes only, to be distributed amongst the heirs upon the death of the primary account holder. That arrangement can be expressed in a will. The courts do not act on your report of what a decedent wanted to happen with her estate. In your case it should have been expressed in a will if that was indeed the plan.
No. The payable on death arrangement that was made with the bank will control. That means the account will not be included in the decedent's estate. The funds will be paid over to the POD beneficiary.
A POD account is not used to entrust a person to distribute monies upon a person's death. The customary manner is to keep the funds in a joint account for convenience purposes only, to be distributed amongst the heirs upon the death of the primary account holder. That arrangement can be expressed in a will. The courts do not act on your report of what a decedent wanted to happen with her estate. In your case it should have been expressed in a will if that was indeed the plan.
That is the responsibility of the executor. They have to make sure that the assets are preserved.
Can your fiancée be a witness to your mother's will even though you are a beneficiary?
Yes, he could. However, it would be better to have an unrelated third party as a witness, especially if there are other children and the will does not distribute her estate equally. When executing a will it is always best to foresee any factors that have a potential to make the will vulnerable to objections years later.
Yes, he could. However, it would be better to have an unrelated third party as a witness, especially if there are other children and the will does not distribute her estate equally. When executing a will it is always best to foresee any factors that have a potential to make the will vulnerable to objections years later.
Yes, he could. However, it would be better to have an unrelated third party as a witness, especially if there are other children and the will does not distribute her estate equally. When executing a will it is always best to foresee any factors that have a potential to make the will vulnerable to objections years later.
Yes, he could. However, it would be better to have an unrelated third party as a witness, especially if there are other children and the will does not distribute her estate equally. When executing a will it is always best to foresee any factors that have a potential to make the will vulnerable to objections years later.
Can an executor of a will demand the beneficiary to fulfill what is on the will and testament?
The executor is responsible to the court to ensure that the will is properly executed. They can request the beneficiaries meet the requirements set in the will or without the bequest.
Does a court appointed executor become the owner of the house when there are 2 more beneficiares?
No, they are responsible for distributing the estate, including the property per the will.
What powrs do the executor of estate have after the estate goes into probate?
Once they have the letter of authority, they have full control of the estate. They are responsible to the court for the inventory and dispersion of assets.
What happens if a person with POA takes money from the estate after the principal has died?
That would be a criminal offense. The decedent's family should report it to the police immediately and should speak with the district attorney immediately about pressing charges.
That would be a criminal offense. The decedent's family should report it to the police immediately and should speak with the district attorney immediately about pressing charges.
That would be a criminal offense. The decedent's family should report it to the police immediately and should speak with the district attorney immediately about pressing charges.
That would be a criminal offense. The decedent's family should report it to the police immediately and should speak with the district attorney immediately about pressing charges.
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
Is there a deadline in Pa to probate a will?
There is no specific time frame in Pennsylvania. The estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
