When a person dies without a will, he is said to have died intestate. Anintestate estateis also one where the will presented to the court has been deemed to be invalid. The probate process for an intestate estate includes distributing the decedent’s assets according to state laws. If a d...
Probate is specifically appropriate and necessary for individuals with a significant amount of property or wealth and even more needed if there are, or will likely be, those who contest the individual’s will and how the relevant assets are going to be distributed. The probate process is common...
Even if there is a will, probate may not be necessary if the estate is small with no real estate title to be transferred, or all of the estate is either jointly owned or community property. Reasons for avoiding probate are the fees set by statute and/or the court (depending on state ...
The reassurance we have, knowing that our children will receive the necessary support to settle our estate seamlessly when the time comes, is truly invaluable. Paula Lee a year ago Attorney Russel Morgan has provided advanced directives, power of attorney (POA), and estate planning services for ...
If necessary, the executor can liquidate property to pay these claims. If the decedent’s debts and remaining taxes are greater than their assets, their estate is considered insolvent. Rather than footing the bill, the executor may decide not to initiate probate. It saves on legal costs, but...
Probate is the way houses and bank accounts get distributed to your spouse, children, grandchildren, siblings and other relatives. First, determine if probate is necessary then submit the Will (if there is one) to court to prove it is legit. After filing the probate I will help locating, ...
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If you own real estate in more than one state, more than one probate proceeding might be necessary. Learn how ancillary probate works and how to avoid it.
A second hearing may be required if any objections concerning the will are raised. The executor then proceeds to notify those to whom the deceased owed money (creditors), notify beneficiaries, inventory the deceased's assets, pay outstanding bills, sell assets if necessary to pay what's owed,...
Supervised formal probate is the rarest form of probate administration. It occurs under the continuing authority of the court if and when the court finds it necessary to actively supervise the probate procedure because: A will is deemed invalid or a person dies intestate ...