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In intestate cases probate proceedings begin when someone file a petition for?
Wiki User
∙ 14y ago
The probate of an intestate estate is commenced when someone files a Petition for Administration.
Wiki User
∙ 14y ago
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How do you open an intestate estate?
Apply to the probate court. The forms typically have a place where someone can ask to be appointed as executor. Consult a probate attorney in your jurisdiction for specifics.
What do you do if someone is not filing deceases will with probate and just giving all his things to whoever he wants?
Petition the court to open an estate in probate. That makes sure all of the legal requirements are met and taxes paid.
You were given a deed before someone died they died intestate have a surving relative what happens now?
You need to consult with an attorney who is familiar with property law and probate law in your state ASAP.
What would you file to get someone removed as a testamentary trustee?
You would file a petition to the probate court. Each state has its own set of forms and procedures. In this case your really need to talk to an attorney that specializes in probate.
Will the power of attorney automaticly be appointed by probate court?
The court does not automatically appoint a power of attorney. Someone has to request that. And if you are talking about someone who has passed, domeone has to petition to be the executor of an estate.
How do you establish conservatorship?
Someone close to the ward must petition the court requesting appointment as Conservator. You can inquire about the procedure at your local probate and family court.
Have a will with no executor who executes the will?
The court will appoint an executor. Any person who is interested in the estate can petition to be appointed the executor: friend or family. The family can ask for a volunteer or ask someone they trust. Then, when the will is submitted for probate that person will also petition to be appointed the executor. You should consult with an attorney who specializes in probate. The rules are more strict for the appointment of an administrator.
Will with beneficaries but no executor?
Someone must petition the probate court to have the will allowed and to appoint an executor. The executor will have the authority to settle the estate according to the terms of the will under the supervision of the court.
Who is responsible for property if the owner dies?
The person who will "acquire" the property must commence a probate proceeding in the probate court. That means you need to present the will for allowance and be appointed the executor or if there is no will you must petition to become the administrator of the estate. The only way for title to real property to pass to an heir is through probate court. You should seek the advice of an attorney who can assist you in this process.
GMAILwhen death happens and there is no will or power of attorney who has power?
The Probate Court is responsible for running letters of testimony upon the death of someone who has a will (testate) and letters of administration if they don't (intestate). There are two or three different scenarios that can play out if someone dies intestate. First, it depends on whether or not there is a surviving spouse, children, step-relatives, grandchildren, nieces, nephews, cousins, etc. If there are no close relatives, the estate escheats to the state and basically ends up in the general fund.
What is the role of the petitioner in probate court?
A "Petitioner" is a person who brings a petition. They are kind of like a plaintiff in a civil suit. They are asking the court to do something, that is make an order effecting their, and potentially other persons, rights and property. A "Respondent" is the person who (yup, you guessed it) responds to the petition. While similar to a defendant, the respondent is not necessarily adverse to the petitioner. We use petitioner and respondent in Probate Court as the same person may be either a petitioner or respondent at different times in the proceeding. For example, in California, a petitioner on a Petition for Probate is asking the court to appoint someone to manage the decedent's estate, generally called a personal representative and more particularly called an executor (will) or administrator (no will.) They might also ask the court to "admit" (think validate) the decedent's will to probate. The Petitioner normally is, but does not need to be, the person who will serve as the representative. Now, lets say that a representative is already appointed by the probate court, and wants to sell a parcel of estate property. But one of the heirs objects. The objecting brings a petition, called something like "Objection to Sale of Estate Property." The heir now becomes the petitioner and the representative, who needs to answer the petition, is the respondent. Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.
What is the legal recourse if the executor of a will does not fulfill their duties?
Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
