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How does probate handle the sale of a home?
If the person who owned the home is now deceased, that person's estate must be probated before the home can be sold. Probate is what authorizes someone representing the estate of the deceased person to sell the home.
Grant of probate?
A grant of probate is a legal document issued by a court that confirms the validity of a deceased person's will and gives authority to the named executor to administer the estate according to the terms of the will. It allows the executor to collect and distribute the assets of the deceased individual in accordance with the law.
How can a bank foreclose on a deceased person?
A bank can not foreclose on a deceased person. A bank forecloses on a piece of property when the mortgage has not been paid. There is a difference. If the deceased person had the money in the bank to pay the mortgage and the will is in probate, someone should tell the probate judge about the situation. In this state the probate judge has the authority to pay the mortgage. He also has the authority to make the car payment. The probate judge will not do anything unless someone tells him!
How can one obtain a copy of a will from a person deceased in Pike Co AR in 1999?
You should contact the Pike County Probate Court to see if a probate was filed for the deceased. If a probate was filed then you can obtain a copy of the will. The contact information is at the link provided below.
Does an Treasury Check payable to a person OAO deceased person need to go through Probate Court?
Yes, a Treasury check payable to a deceased person may need to go through probate court for proper distribution to the deceased person's estate or beneficiaries. This process helps ensure that the funds are distributed according to the deceased person's will or state intestacy laws. It is recommended to consult with a legal professional for guidance on handling such situations.
What does a probate lawyer do first when handling an estate?
A probate lawyer typically starts by reviewing the deceased person's will, if there is one, to determine who the beneficiaries are and what assets are involved. They also identify and notify potential heirs, gather documentation of the deceased person's assets and debts, and submit the will for probate if necessary.
Does every will of a recently deceased person have to be probated?
Probate of a Will is a civil court action for the purpose of the orderly transfer of property from a deceased person's estate to his or her heirs. A Will is a formal document directing how the deceased person's property is to be distributed. If there is no property to distribute, there is no need to probate the Will even if there is one in existence.
how do i find out if a will has probate yet?
You can check with the probate court in the county where the deceased person lived. Contact the court clerk's office and inquire about the status of the will. You may need the deceased person's name and date of death for the court to provide information.
Who is the personal representative of a deceased person with no will in the state of Ohio?
Whomever obtains the letter of authority from the probate court.
How do you get access to a foreign bank account when person is deceased?
File for probate in the country where the bank account is held.
How do you sue an estate of a deceased person with no will?
To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.
Does the person named by the deceased as administrator of will have to file the will?
Yes, the person named by the deceased as administrator of the will is called the executor. The job of the executor is (out of the deceased's estate) to settle all the deceased outstanding debts and pay for the funeral. Then the executor adds up everything in the deceased's estate, pays any outstanding taxes and any inheritance taxes that may be due and presents the account of all this along with the will to a special court called a probate court. If the court is happy with what has been done the executor is then granted a probate document which allows him dispose of the remainder of the estate as the person's will instructs. Without the deed of probate, companies like banks and stockbrokers will not accept the executors instructions to do things with the deceased's property.The filing of the will is the act of presenting it (and the accounts) to the probate court.
