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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
Can a stepmother control everything when your dad died with no will?
When a person dies with no will, their property passes according to the laws of intestacy. That includes everything they own in their own name. Property owned as joint tenants with another person is generally not included. You may have an interest in your father's estate according to your state laws of intestacy which you can review by using the related question link provided below.
Unless your step-mother legally adopted you, she has no parental control over you if you are a minor.
What can cause an estate to go into probate?
The decedent's property is distributed according to the provisions in the will, or according to the state laws of intestacy to the heirs at law, after the debts of the decedent and any taxes and costs of probate are paid.
What is included in an Application to admit a will for probate?
In the UK you send the Will to any Probate registry. You will also need to send a completed IHT205 Inland Revenue form and Probate form PA1 if making a personal application. See probate help below for more info.
Can an executor change will before death?
No, the only person who can change a will is the person who wrote it, or perhaps a court that is convinced there is some obvious mistake that needs to be "changed" to accurately reflect the testator's intent.
When someone dies in California without a will how is estate distributed?
Distribution will be according to the California intestacy laws. Typically the spouse and children will be the beneficiaries. Siblings and parents would be next in line.
Will a deed with right of survivorship eliminate probate?
Yes. If the owner owns no other property at the time of death and has no property or assets that will come into the estate after death such as life insurance, tax refunds, awards from lawsuits, etc.
Yes. If the owner owns no other property at the time of death and has no property or assets that will come into the estate after death such as life insurance, tax refunds, awards from lawsuits, etc.
Yes. If the owner owns no other property at the time of death and has no property or assets that will come into the estate after death such as life insurance, tax refunds, awards from lawsuits, etc.
Yes. If the owner owns no other property at the time of death and has no property or assets that will come into the estate after death such as life insurance, tax refunds, awards from lawsuits, etc.
Is probate needed if only assets is bank account?
If you had a joint bank account with your spouse, it will automatically pass to you. Check with the bank about changing the title and signature card on the account. To change stocks or bond tittles, check with your stockbroker. If a bank account was held only in the name of your spouse, those assets will have to go through probate. An exception to this would be trust accounts. If you had a joint bank account with your spouse, it will automatically pass to you. Check with the bank about changing the title and signature card on the account. To change stocks or bond tittles, check with your stockbroker. If a bank account was held only in the name of your spouse, those assets will have to go through probate. An exception to this would be trust accounts.
Can you change the executor of the deceased person and how?
The executor can be changed only under certain circumstances.
If you have an objection to the appointment of the named executor you must file your objection when the will is submitted for probate and explain why you think the executor should not be appointed. The court will consider the objection and issue a decision either allowing the appointment or requiring that another person be appointed.
If the named executor does not want to serve they can file a declination with the court and someone else can petition to be appointed.
Depends upon a number of factors. Was the child a minor when the will was executed? If so, probably not. And what was the amount? Hardley worth it for a few thousand dollars. What was the wording of the will? That can make a difference about how the money could be used. Consult an attorney, but I'd be thinking twice about suing my own parents, most juries aren't going to like someone suing their folks.
What is the Executor's fee from an estate in New York?
The commission rate in New York is fixed. For each Executor (there can be two, if more, they share the same amount as two would get) it goes like this:
- 5% on the first $100,000 in the estate
- 4% on the next $200,000
- 3% on the next $700,000
- 2-1/2 % on the next $4,000,000
- 2% on any amount above $5,000,000
The will can state that the executor must waive the fee, but this means that no bank or attorney will serve. It is only recommended if the executor will inherit from the estate.
What happens when your sister is the executor and she has spent some of your mom and dads estate?
These are only some of the things an Executrix can do:
Borrow off the amount in the Will that is solely left to them. They must provide the bank a copy of that Will before loaning any money. This means you get part of or all of the money due you sooner, but you must sign over your rights of that portion of your inheritance to in the Will to the banking institution.
Paying off gas/electricity bills, etc. Any outstanding medical fees can be paid off by the Executrix in this case.
An Executrix/Executor must provide receipts for every cent they spend and be accountable to the the Heirs in that Will.
I suggest your get yourself a lawyer and have him take care of this if you fear she may be spending too much money and not being accountable for this. You can also go to the lawyer that is holding your parent's Will and be sure you have proof your sister isn't spending money on needless things and thus, have her taken off the Will as Executrix. This Will then can be dealt with solely by the lawyer or by a Trust Company. Be sure you know what your fees are up front with either of these methods.
What do I do when my mom has died without money or a will but with a lot of debt?
If your mother died intestate (without a will) and she owned any property when she died her estate must be probated. Title to real property cannot pass to the heirs unless the estate is probated. The debts of the estate must be paid before any property can be distributed to the heirs at law.
If your mother left no property in her name then her creditors are out of luck. You should seek the advice of an attorney who can review your situation and explain your obligations, if any. Until you speak with the attorney you can notify any creditors of her death but do not pay any bills until you have had the benefit of legal advice.
Can probate court order the selling of real property?
Yes. In most jurisdictions the probate court (and other courts) has authority to handle matters concerning real estate. The most common situation in which the court would order the sale of real property would be a partition action.
How do you resign as Executor of a will?
United Kingdom
You will need to sign a Deed of Renunciation document. Note that this can only be done if you have not intermeddled in the estate affairs. If there are no other executors you should then hand the document to the main beneficiary who will then need be able to deal with and apply for probate.
Unites States
Generally once they have been appointed by the court an executor can file a resignation with that court if they cannot continue as executor. They must file a final account of their activity and the court will appoint a successor.
How is an estate established after one dies?
It varies greatly based on the size of the estate and the number of assets. A small estate can be resolved in less than 6 months. There are very large estates that are still in probate after several decades.
How would you apply for Letters of Administration for an intestate will in Ontario?
11. IF THERE IS NO WILL
An application is made by one of the next of kin to the Court to be appointed as Estate Trustee Without a Will for the estate. This person must be nominated in writing on the proper forms by at least a majority of the next of kin who are over eighteen years of age. A "probate fee" calculated on the same basis as set out above is charged by the Court. It may take several weeks to obtain the information, and it is often difficult to obtain the signed nomination forms from the next of kin. The Court takes two to five weeks to issue a Court Order appointing the applicant as Estate Trustee Without a Will.
If the applicant for Certificate of Appointment as Estate Trustee without a Will is not the surviving spouse of the deceased, the applicant must be bonded by an insurance company or by two (2) individuals.
The preparing of the documents and obtaining the bond and the Certificate of Appointment of Estate Trustee Without a Will are looked after by a lawyer or law clerk.
Without a Will, the estate is distributed in accordance with the Succession Law Reform Act which distributes the assets in accordance with a government formula.
Assets of which a surviving person was a joint holder with the right of survivorship or which have a named beneficiary, such as life insurance policies, go to that person automatically. Intestate Succession When a will disposes of all a person owns, no intestacy occurs. However, when no valid will exists or when a will does not dispose of all the testator's assets, succession follows according to certain rules. Here is a table of the rules: Survivor Distributions If a spouse All to the spouse If a spouse and one child Preferential share ($200,000) to the spouse, remainder split equally between the spouse and the child If a spouse and two or more children Preferential share to spouse plus one third of remainder, two thirds divided between children If no spouse and one or more children alive Children share equally: If one child is deceased, but has children, those children get their parent's share equally (representation) If no spouse and no children, but grandchildren Grandchildren share equally regardless, no representation. If none of above and a parent is alive Parents share equally, or if only one parent, parent gets estate absolutely If none of above, and at least one surviving brother or sister Brothers and sisters share equally with representation. If none of above and at least one niece or nephew Nieces and nephews equally with no representation. If none of above Next of kin of equal degree of consanguinity to the intestate equally without representation, degrees of kindred shall be computed by counting upward from the deceased to the nearest common ancestor and then downward to the relative, and the kindred of the half-blood shall inherit equally with those of the whole-blood in the same degree. If none of above Her Majesty the Queen (escheat to the Crown) A will is not invalid only because it is witnessed by a beneficiary, but the gift to the beneficiary becomes void. A will is also not invalid only because it is witnessed by an executor. Moreover, the executor's appointment is still valid although a gift to an executor would not be.
How long to settle uncontested estate probate?
About 4 to 6 months if there are no problems with creditors and there are more assets then liabilities.
What are letters of Testamentary?
A letter of testamentary is a court document that identifies the executor of an estate.
Does a divorcee have a surviving spouse?
No. Not unless she remarried after her divorce and was married at the time of her death.
No. Not unless she remarried after her divorce and was married at the time of her death.
No. Not unless she remarried after her divorce and was married at the time of her death.
No. Not unless she remarried after her divorce and was married at the time of her death.
Is the executor responsible for the lawyers fees?
The estate is responsible for attorney's fees. The executor is responsible to pay the debts of the estate before any property can be distributed. If the executor mishandles the funds they will be personally liable.
Do the children of a deceased father have a right to view the will?
As soon as the will has been filed in probate it becomes a public record. You can go to the probate court where the will is filed and ask to review the file. You can then request a copy of the will (or any other document in the file) or make a copy at the public copier if one is available. As the probate procedure progresses you can monitor the file periodically for new filings such as inventories and accounts.
Does the executor of the will have the right to sell the estate?
Once you have been appointed executor by the court you can sell the property under certain circumstances. Assuming the real estate was not specifically devised in the will, generally, if you were given authority to sell the real estate in the will you may sell without license of the court. If the authority was not granted in the will then you will need to apply for a license to sell the real estate.
If a quit claim deed is filed in the state of Michigan after death of sole owner is it legal?
If it's a legal quit claim, and the owner signed it before their death, yes. I would look into Michigan's law to see if there is a time limit to file a new quit claim, but I doubt there is. A quit claim has to be notorized and witnessed, so it would be obvious if you where trying to fraud someone, or if the owner had actually signed it.
Can executor and beneficiary be the same?
Yes, that is often the case when a spouse dies. It saves the estate money.
What to do next after a will is in probate?
Publish a notice to creditors in a local paper, prepare an inventory of the decedent's assets, pay the decedent's bills, file appropriate tax returns, distribute the decedent's assets to beneficiaries.
ADDED: The above answer is correct and describes accurately what you must do if you are the executor/executirx of the will. If you are not the executor/ix of the will but believe you are a named heir, you will receive a notice from the probate court advising you when and where to appear for the final hearing.
ADDED: In some states, you will NOT receive any notice from the probate court at all. All notices are published, meaning that they are posted on a bulletin board at the courthouse.
