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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
Where do you apply for letters of administration?
At the probate court in your county. They will issue the letters of administration for the estate.
What can you do if the executor and the lawyer of the will won't submit it into probate?
United Kingdom
There must be a reason for will not to be put to probate, so I would consult the lawyer if you have an interest in the estate. It would be wrong for either the lawyer or executor to do anything that my harm the estate as action can be taken against them for any loss. Write to the lawyer handling the estate and ask why there seems to be a delay. Some estates can be wound up quickly some can take years, it depends on how complicated the estate is. In the UK all assets of the estate must be held for six months in case any other person has a claim against the estate for debt or anything else owed by the deceased.
Executors of appointed in the deceased's will must follow the directions of the will and distribute the estate as directed by the will. All estates in the UK should be 'confirmed'. I.E. The value of the deceased's estate requires to be lodged at court for IHT purposes together with a copy of the will. Heritable assets must be kept in case of claims but may be disposed of by a legatee after the six month rule. Executors can have their actions insured, thus they are protected against any claim for mishandling of an estate. The Law of Probate varies from country to country.
AnswerUnited States
It is against the law for anyone in possession of a will to knowingly hold it after notice of the death of the testator. The decedent's heirs and creditors can appeal to the probate court for sanctions against any attorney or other person who prevents the probating of a will. State laws vary. The following is one example of a law that governs the filing of a will by the person in possession:
- A person having custody of a will, other than a register of probate, shall, within thirty days after notice of the death of the testator, deliver such will into the probate court having jurisdiction of the probate thereof, or to the executors named in the will, who shall themselves deliver it into such court within said time; and if a person neglects without reasonable cause so to deliver a will, after being duly cited for that purpose by such court, he may be committed to jail by warrant of the court until he delivers it as above provided, and shall be liable to a person who is aggrieved for the damage sustained by him by reason of such neglect.
Does property automatically go to the closest heir?
No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.
No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.
No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.
No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.
How can get copy of a deceased relative's will if the executor won't give one to you?
You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.
You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.
You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.
You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.
Legally your fathers belongings will go to his next of kin..that being his children if there is no wife. It is up to all of you to sort it out because you all legally own all of it together...so until there is an agreement about what belongs to who, then it belongs to everyone. If you are having trouble, you can hire a mediator or arbitrator to decide. A mediator makes a suggestiong, an arbitrators decision is legally binding.
What if an executor of a will misuses his power?
An executor who fails to act properly should be reported to the court immediately, removed and replaced. You should be prepared to provide the court with evidence of the misbehavior.
What is the name of the court petition to remove an executor of a will?
To remove an executor from an estate a petition must be filed. Then there has to be reasoning provided either ineligibility or misconduct. All this must be provided to file in order for a representative of court to review and make a decision.
Does a step granchild have rights under a Will of their step grandparent?
They have rights if the step grandparent left a specific gift in their Will. However, if not mentioned in a Will they have no legal rights in a step grandparent's estate.
How can I find out if I was named in my grandmother's will if I am estranged from the executor?
If you live nearby, you can visit the probate court where the will is filed and obtain a copy. Once a will has been filed it becomes a public record. If not, you can contact the court to determine how to obtain a copy by mail. Most courts are very helpful with requests for copies. You can find the court by doing an online search using the county, state and add "probate court".
Clarification is required as to why the will was not admitted to Probate. Was this because of a dispute between you and your brother or because the estate was so small that the court deemed it unnecessary.
AnswerThere is no difference between a "will being admitted to probate court" and a "will being probated". A will admitted to probate court is being probated.
However, as stated above, the will in your case was not admitted to probate court and so is not being probated. We cannot know the reason without more details. Your brother may have found it didn't require probate if the decedent didn't own property or he may have been put off by the cost of the filing. You need to ask him.
Can a co executor of an estate make the other co executor turn over a benefit check to the estate?
Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.
Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.
Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.
Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.
You could start by speaking to his doctor to see if the doctor could write an affidavit stating his opinion of your father's legal capacity at the time he wrote the will. You could speak to friends, family members and neighbors to see if anyone believes and is willing to testify in court that your father no longer had an intellectual grasp on what he owned, what would happen to his property when he died and if he could easily identify his children. See the link provided below.
How do you fire executor of your will?
Assuming the person who made the will is still alive, he/she can do another will or do a codicil to that will that changes the executor to someone else. If the person who made the will is dead, he/she cannot change the executor. Obviously.
The executor of an estate has the authority to oversee all of the deceased personal and financial matters, including correspondence. It is illegal for anyone other than the addressee or someone appointed to oversee the addressee's affairs to open said person's mail. The person(s) engaging in such an act should be informed they are violating the regulations of the probate court and the U.S. Postal Service.
When is a probate procedure required in a family death in the state of Texas?
If there are any debts associated with the deceased, or they own any real property, it is to the benefit of the family to go through probate. This will insure that accounts are settled and shouldend any attempts by creditors to collect if there are no monies. It also insures that there is clear title to any vehicles and property.
The heirs-at-law are determined by each state and set forth in the laws of intestacy. You can check your state laws at the related question link provided below.
When a person dies intestate who files for probate?
Any one with an interest in the estate. Even a debtor can file to have an estate opened.
Is it against the law to not go through probate in ar?
The right to deal with the estate of someone who died is called 'probate'.
In most countries there is a legal requirement to apply for probate (otherwise people's possessions could be stolen by people to who had not rite to them).
If land, property, shares, or bank accounts are involved, usually the companies who hold these will insist on a grant of probate before releasing these assets to anyone.
If someone takes the property of a person who has died when they had no rite to it (as specified in the will or under the local laws of inheritance where there is no will), this is a criminal offence - theft, and the police will become involved.
When does a trust or will have to be probated in Ohio?
Trusts are not probated. In fact, people transfer their property to trusts in order to avoid probate. A trust is managed according to the provisions set forth in the particular trust document.
An estate must be probated if the decedent owned any property at the time of death.
Is the estate responsible for medical bills if there is no will?
Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.
Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.
Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.
Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.
What is the time limit to probate a will in Tennessee?
That will depend on the complexity of the estate. There is no definitive answer.
What can you do if you think that the probate of an estate has taken to long to settle?
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
Can one heir become administrator of estate without other heirs consent?
Yes. The appointment is made by the court. If the other heirs object to the appointment they must file an objection with the court in a timely manner and then explain the reason for their objection to the judge. The judge will consider the testimony and either appoint the person who requested appointment or another qualified person.
Yes. The appointment is made by the court. If the other heirs object to the appointment they must file an objection with the court in a timely manner and then explain the reason for their objection to the judge. The judge will consider the testimony and either appoint the person who requested appointment or another qualified person.
Yes. The appointment is made by the court. If the other heirs object to the appointment they must file an objection with the court in a timely manner and then explain the reason for their objection to the judge. The judge will consider the testimony and either appoint the person who requested appointment or another qualified person.
Yes. The appointment is made by the court. If the other heirs object to the appointment they must file an objection with the court in a timely manner and then explain the reason for their objection to the judge. The judge will consider the testimony and either appoint the person who requested appointment or another qualified person.
How do I sign as the executor?
If you mean how do you sign estate chacks as the executor, you sign your name as usual, then add "Executor of the estate of..." Like this: " John Smith, executor of the estate of John Doe." Be sure to add that designation especially when signing contracts on behalf of the estate, so you do not unintentionally obligate yourself personally on something.
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