Questions tagged [probate]

Probate is the process of proving a will is valid and thereafter administering the estate of a decedent. Receipt of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will.

Probate is the process of proving a will is valid and thereafter administering the estate of a decedent according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.

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What are the legal ramifications of a legally dead person turning up alive?

Context: I am writing an urban fantasy story in which a man dies, is declared dead, and comes back to life via supernatural means on the autopsy table. The existence of the supernatural is not common knowledge in the universe of the story, and his…
roundwoodsmonster
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Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?

My mother died in West Virginia. I am her son and the executor of her will, in which the home was bequeathed to me. The estate has insufficient funds to pay medical and other debts. Can WV probate court force me to sell the home to pay the medical…
peinal
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How should the inherited Italian property of an American who died intestate in Dominican Republic be handled?

An American citizen died in the Dominican Republic 15 years ago without a will. His last address was in the DR. We recently learned he owns property in Italy (he was born there and inherited his parents' house and properties). His children, as his…
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is estate responsible for debt of car-loan co-signed by the decedant?

My mother co-signed a car loan for her grandson ~3 years prior to her death . He defaulted on the loan and the car was repo'd AFTER her death. Can the loan company come after her WV estate for the debt? The car was sold prior to the estate receiving…
peinal
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Extent to which a will is holographic

"Albus" and "Severus" are making a will together. They do not want to bother with an attorney or witnesses, so Severus handwrites it, under the assumption that doing so will make the will holographic. They both sign the will. After Albus dies, there…
In Hoc Signo
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Is the estate of a deceased person a legal entity?

This question is inspired by the discussion in the comments of this answer to another question. In those comments I claimed that the estate of a deceased person is not a legal entity and that it is the personal representatives (executors if testate,…
JBentley
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Does the death of a party involved in the execution of a will mean that they do not inherit?

A friend of mine is engaged in a lengthy probate process over her inheritance from her parents with her brother as the executor. Without getting into details of why it's been so protracted, it's been going on for well over a year now with all of the…
SCD
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Retroactive lack of testamentary capacity

"Juan" makes his will. A year later, he is diagnosed with Alzheimer's disease, and so loses testamentary capacity. Often, the medical diagnosis for Alzheimer's comes well after the victim's judgement becomes impaired. Based on his later diagnosis,…
In Hoc Signo
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Clever Probate Fraud (UK) - How Did He Do It?

I’m hoping someone can help me understand this clever bit of probate fraud. In summary: Swindler made fake wills for sailors who had died intestate leaving high value estates. The wills looked real because they emulated the will forms that had been…
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Are holographic wills really routinely thrown out by probate courts?

A lot of states do not permit holographic wills and specifically state in their laws that an unwitnessed will is invalid. This seems like a cruel provision to me. So, if a person writes out in their own handwriting a proper will which is signed and…
Cicero
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What to do with Grandad's Top Secret documents

He worked for the US government and left behind some documents that might be actually important. What's the proper procedure here, do we destroy everything or is there somewhere we should take these?
John Jones
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US Law Questions & Gray Flannel Suit Man

In the movie, The Man In The Gray Flannel Suit, a number of legally questionable events occur. They appear to me to be improper practice but as I'm not au fait with US law on property, wills and so on then I can't be sure. A man who wants to ward…
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Release my children from my debts at the time of my death

Upon my death how do I physically write the actual release of debt without an attorney, so my children are not held responsible for my debts.
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In Arizona, if someone dies, are survivors legally obligated to post a public notice in a local newspaper?

My question pertains to law in the United States. My mother died in the state of Arizona. Some places, the executor of the estate (or someone else) is legally obligated to publish a death notice in a local newspaper. Am I legally obligated to…
Samuel Muldoon
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What to do if you have a possible 'zombie' relative

An elderly uncle of mine spent the last 10 years of so in assisted living until dying in his late 90s. He has a sister (who has mild dementia) and a brother who has been not reachable for ages, along with a few nephews and nieces. Lately he has…
user11599
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