Archive for the ‘probate court’ Category
The legal probate process of the distributing of the estate of a deceased…
The legal process of the distributing of the estate of a deceased individual is known as probate.
Probate is often a time-consuming and confusing process for those who are involved.
Most people lack a knowledge of the probate process because of inexperience with the process.
Probate is rarely easy, an adequate knowledge and understanding of the process can help decrease stress, and increase your confidence that everything is being done properly. Anyone involved in probate should understand the following:
1 - In cases where a valid will exists, the individual named in the will as the executor is responsible to see that the deceased?s instructions are carried out.
2- In cases where a valid will does not exist, an individual will be appointed by the court as the administrator. The administrator will perform the duties of the executor.
3 - During probate creditors of the estate are provided with an opportunity to place claims for unpaid debt. The validity of those claims is determined by the court. Any claims that are valid will be paid out of the estate.
4 - Probate court is the home of the probate process. Laws and procedures vary from state-to-state. Some states have courts with the sole responsibility of overseeing probate.
5 - Although the length of probate will vary, it will usually last for six months to one year. More complex estates will typically take a greater amount of time.
6 - Inheritance cash advances are available for heirs to estates in probate. Cash advances provide part of the inheritance upfront and help the heir to avoid the long wait required by probate.
One of the web sites to visit for this service is www.americanprobatesolution.com
probate rules Notice to Creditors
Note: this are more probate procedures to take into account when dealing with probate
1. Notice to Creditors
You must mail a notice of administration to each known creditor of the decedent within two to four months after your appointment as personal representative.
2. Insurance
You must mail a notice of administration to each known creditor of the decedent within four months after your appointments as personal representative.
3. Record Keeping
a. Keep accounts You must keep complete and accurate records of each financial transaction affecting the estate. You will have to prepare an account of all money and property you have received, what you have spent, and the date of each transaction. You must describe in detail what you have left after the payment of expenses.
b. Court review ? your account will be reviewed by the court. Save your receipts because the court may ask to review them. If you do not file your accounts as required, the court will order you to do so. You may be removed as personal representative if you fail to comply.
My grandmother died without a will, must it go to probate court?
My grandmother passed away with no known will last month. She has no surviving spouse or siblings, just two daughters (and four grandchildren). Since she died without a will, must the estate go through probate or can her estate be divided amongst her two children without going to probate? This is in Arkansas if that matters. Her house was in her name and one of her daughters names.
My aunt said if the estate can be split amicably there is no need to go to probate, is this true?
You should consult an attorney in Arkansas. Generally it must be probated if it was in her sole name. If the house was joint it probably will not require probate for the house but there may be other assets to probate such as bank accounts and investments. So, the bottom line is you should contact an Ark. probate attorney.
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How long does it take to go to court after I file with the Franklin County Vermont Probate Court?
Im filing to correct a birth certificate in VT and need to know how long it takes to have a court date set.
usually 90 days
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When a will goes to Probate court was does this mean and why?
Recently a relative died and my siblings and I have been named in the will. My sister called the lawyer to see If she could get a copy of the will. He said after Probate. We hear the term all of the time, but really don't know what it means.
The act of Probating the will essentially means sumbitting the will to Probate Court, a division of provincial/state court that handles estate matters. Accompanying the will would be an affidavit of sorts that the executor must give evidence on, like they are the person named as executor, the person named in the will is the one and the same person named on the death certificate and that to their knowledge no other will or testamentary document exists that would cancel out this will. The Courts will check to ensure that no other person has applied to deal with this persons estate and read the evidence submitted by the proposed executor. If it is satisfactory they will then issue a Grant of Probate which gives the executor the legal right and capacity to deal with all of the estate matters.
If you are named in the will you should receive a copy of same shortly after it is probabated. The reason lawyers don't bother sending out the will before hand is that the application for probate may not be accepted for one reason or another and it would therefore be preemptive to send it out beforehand and a waste of copying charges and postage. Where I live lawyers are required to provide a copy of the will and a tariiff form setting out the fees they are allowed to charge within 30 days of probate being issued.
Court documents (probate or otherwise) are public record so same can be obtained, for a copying fee, at the courthouse where same was filed. The probate clerk will have the file, but you can obtain it from the resgistry clerk.
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How flexible is a probate court in California?
Both my parents are in their 80's and don't have living wills. I know, I know. but it's tough to insist when they are so close to the end of their lives. Anyway, they aren't legally married but share a home and some rentals. Some things are owned together, some as sole proprietor. Will the court let us kids decide what is best for the survivor or will it still be a long, expensive process?
No, the court will not allow the kids to decide.
A living will — also known as an advanced medical directive — determines how medical decisions are made if the person is not capable of making them themselves. Despite its name, it has nothing to do with a will that governs property distribution after death.
A testamentary will — which governs property distribution after death — allows the person to specify how they want their property to be handled.
Absent a testamentary will, the court is required to follow the existing laws (called "intestate succession") that determine how property gets distributed.
A will can be created very cheaply — there are forms they can download and fill out. But if they don't do that — the court will have to follow what the law requires — and neither the survivor nor the kids have any say in that.
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Am I married if I did not send the papers to probate court?
My husband and i married 5yrs ago but I never sent the paperwork to the probate court. Are we married legally?
I would like someone with legal knowledge or experience to answer this not just someone’s input or advise.
I want to get a dissolusion if we are married
It is time to speak with your lawyer. This is not something to guess about, even with the assistance of well intentioned strangers online.
If you do not have an attorney, use the lawyer referral service of your state bar association.
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Probate court : property in two states . How do I change name on deeds?
My dad died over a year ago. I am his Exo. He lived in Mass. and has a house there. He also ownes land in Maine . Currently we are in the Mass. Probate court with his house in Mass. How do I change the name on the property in Maine to minr? Should I go to Probate Court in Maine also?
I assume exo means executor, or exe. Once you have probated the will you just need to provide the Clerk of the Court in Maine with the proof that the property now belongs to you. They will put it in your name. You might have to pay document fees.
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What does it meen when you are told the Property you are buing has to go through Probate Court?
I was left some Property that was in a Living Trust. I have been tring to sell the Property but have been told it has to go through Probate Court,I thought that was what the Trust was for. What can I do to speed up the process?
Consult with a lawyer. Have them examine the trust. If the trust was drawn up properly you should not have to go through probate.
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