Probate

If a person is deceased any Power of Attorney expired at the moment of death. There is no POA that can be connected to a person who has died. In order to acquire the authority to handle the property of someone who has died an Administrator must be apppointed by the court. If you are an heir at law of the decedent then you could petition to become the Administrator of their estate. You should consult with an attorney who specializes in probate or with a clerk at the probate court to determine what you need to do to settle the estate.

Whomever is appointed by the probate court. They may be named in the will or it could be an attorney or a bank.

The executor is responsible for maintaining the value of the estate. That includes insuring that no one removes goods before they are properly inventoried and valued. It also insures that no one gets something without letting anyone else get a chance.

You fill out the normal probate forms. The estate will follow the Colorado law of probate for intestacy laws.

Probably. The existence of a valid will does not avoid the need for a probate proceeding. In fact, the will functions as instructions to the probate court as to (a) who will administer the estate (the executor or, in some states, personal representative), (b) who will receive property, and/or (c) who will have priority for appointment as guardian of the decedent's minor children (or, in some cases, adult incapacitated children or spouse).

If the house in question was titled to the decedent alone at the time of death (that is, was not held in joint tenancy or by a trust or similar arrangement), then a probate proceeding will probably be required to determine the successor to the property. If the value of the property is not large, some states may permit a summary probate proceeding to convey title, but the proceeding is still a probate (albeit simpler).

If you received a notice of the petition for probate of a will then you are either a devisee under the will or an heir at law.

The documents will depend on the jurisdiction. Your court house probably has a packet of documents already made up. A probate attorney in your area can help as well.

It is going to depend on the type of deed for the property. If it was purchased while they were married, she would expect to become the sole owner of the home, subject to any mortgage.

The executor or administrator of the estate should sue those people for the wrongful taking of the decedent's money. If the sibling who stole the money is the executor or administrator, you can bring an action in the probate court to have that person removed as executor or administrator and have another person appointed who would sue for the return of the money.

A last will and testament is needed to probate an estate and determine who the heirs are. If there is no will the property will be distributed according to the laws of intestacy. You can check the laws in your state at the related question link.

Yes. A surviving spouse is entitled to a statutory share of an intestate (without a will) estate in most jurisdictions. You can check the laws in your state at the related question link provided below.

No. An executor must be appointed by a court. Even if named in a will an executor has no legal power or authority until they have been appointed by the court. The will must be submitted for probate and the court must appoint the executor.

You should speak with an attorney who specializes in probate law in your state. If the estate is being probated then speak with the attorney who is handling the state. See the information in the related question link provided below.

Obtain a certified copy of the death certificate from the Town Clerk where the person died. Keep the original, make several copies and send a copy to any creditors whose bills you receive. They may ask for a certified copy but since they are costly try to get by with a copy of the original the first time you send one out.

It will likely depend on the state in which the administration is pending. In Texas, for example, the executor can sell the car (and indeed sign the title) only if (i) the Will gives the executor a power of sale or (ii) the sale is necessary to pay debts of the decedent or expenses of administration. Otherwise, the only action the executor can take is to convey the car to the beneficiaries under the Will.

Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.

Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.

Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.

Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.

If the probate process has been completed and title is in the heirs they can execute a deed to a straw and then the straw can convey the property back to the heirs by deed and the heirs will become the record owners of the property. However, that process isn't necessary except in cases where the heirs desire to have a deed in their own names.

If the heirs want to sell to a third party they can execute a deed of their interest and cite the probate as their source of title. You should consult with the attorney who handled the estate who can review your situation and your needs and explain your options.

The probate process is commenced by a petition to the probate court for some interested party to be appointed the Administrator of the estate. Each jurisdiction has its own requirements as to who is eligible to serve in that position.

If the decedent owned any property you should consult with an attorney who specializes in probate law. Estates must be settled according to the law in your particular jurisdiction. Creditors must be paid first and tax returns may need to be filed. The Administrator is personally responsible for any errors made during the probate process.

He cannot delegate his powers in any manner unless he has been specifically authorised to do so.

You can call him. You can write him. You can make an appointment to see him.

To properly conduct probate, all natural heirs are notified. Beneficiaries named in the will are also notified.

Probably about 6 months. It takes a minimum of 90 days to advertise for debtors and claims against the estate.