Probate

The estate is responsible for payment of debts. If the estate is insufficient it is deemed to be insolvent and the creditor is out of luck.

I practice in California. I will tell you how it works generally in CA.

In CA, the deceased names the executor in their will. If the named executor declines, then any other interested person can petition the court to be named executor. The named executor has 30 days after notice of the death of the decedent or they can be deemed to have waived the right to appointment as personal representative.

If there is no will/executor, the public administrator in the county where the estate will be administered will petition the court to be named as the public administrator (i.e. executor). The public administrator, as well as the attorney for the public admininstrator, is entitled to the same statutory fees as a private executor. In CA the fees are set forth as a tiered percentage of the gross estate value.

For an estate valued at $200k, the percentage is 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000.

As to whom to select, there are pros and cons as you probably guessed. A family member may know the family better, and may know the deceased person's wishes better. A family member may also keep administrative fees down. But, a family member may not be experienced with handling estates, or may not be impartial. A public adminstrator may not know the family as well, may incur higher administrative fees, but has experience in adminstering estates, and has no emotional bias.

That will depend on your employment agreement. Most employers are not going to prevent someone from going to their own mother's funeral.

First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.

First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.

First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.

First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.

You can contest the will if there is one. You will need to consult a probate attorney for your options in your jurisdiction.

An executor of a will is responsible in distributing the property according to the twill. Qualifications for an executor include being over the age of 18, not have committed fraud or wrongfully neglected the estate, not be a business partner if another person with an interest in the business objects, not be subject to a conservatorship and to be a US resident.

Strictly speaking , no, you can't. By law, the POA that gave you authority to handle your mother's accounts became ineffective immediately upon her death. Using the POA after the death of the person who issued it is illegal.

You can obtain a certified copy from the court where the probate was filed.

The easiest thing is to contact a probate lawyer. They know the process and the requirements. You can also go to the courthouse and ask for a probate packet. It should contain all of the necessary forms for opening an estate.

It is the law for the jurisdiction that specifies how an estate is divided if there is no will.

They can only sell at a court approved price that reflects the real value of the property. There may be a conflict of interest. I'd consult another attorney.

The Letter of Authority signed by the probate court.

That would normally be obtained through the court that handled the probate.

No. Executors must carry out the terms of the will as they are written with this exception: The beneficiaries may agree amongst themselves to divide the estate in a manner other than that in the will. This is just recognition of the fact that people can make gifts as they see fit. This does not give an executor power to do that. The beneficiaries do it and instruct the executor to make the distribution the way they want to.

A will must "go to probate" in order to be declared legal and enforceable. Going to probate means having the will proved as a valid last will and testament according to the applicable state laws.

The executor or administrator, but only to the extent of assets in the estate.

The house MUST go through the probate process in order for title to pass to you. The will must be presented to the probate court for allowance and the court must appoint an executor. When the probate process has been completed you will be the owner of the property.

No. The co-executor must file a resignation with the probate court in order to free themselves of any obligations and responsibilities in the estate and to notify the world they will no longer be serving as co-executor.

You can resign from the position upon providing a full accounting of your actions in regards to the estate.

yes

Evidence of probate of a will comes in the form of a judgment or order for probate and documents called Letters Testamentary. Letters Testamentary are issued by the court that admitted the will to probate. They usually state that the will was admitted to probate on a certain date and name the person who is serving as executor. The Letters will usually have an official stamp or seal of the court that probated the will so that parties dealing with the executor on behalf of the estate can be assured that the person acting as executor is in fact the legally appointed executor.

Go onto LV's Homepage. Look at the bottom segment of the page to find "Life cover". In the Life cover box, click "Life Insurance". On the left hand side of the page , click "Making a claim". On that page, within the text, you will find a telephone number you can ring for claiming Old Policies. This worked for me as from September 2009.

To begin with, the term "After probate" has no meaning for a question like this. "Probate" means the probate of the will to begin the administration of the estate. Debts presented after admission of the will to probate are payable. The real question is whether heirs are responsible for bills received after conclusion of administration of the estate and distribution made to the heirs or beneficiaries. It is possible, depending on the probate laws of the state where probate is. In New Jersey for example, heirs or beneficiaries have to sign a document acknowledging the amount of money they received and promising that if legitimate debts come to light later on, they will return a proportionate share of their inheritance. This is to recognize that legitimate debts of the decedent that would have been paid prior to distribution to the heirs and the heirs would have received a proportionately smaller share of the estate. So although they may have to return some money, they are not really losing any. No heirs are responsible to return more than their proportionate share or to pay more than they received.

Good question. I have this problem and wonder if I have a chance to win a law suite. Suggest the question should include siberings and all heirs.