Do we have to go to probate court if a will is uncontested?

Do we have to go to probate court if a will is uncontested?
by

1 Answer

Answer :

The executor of the estate submits the will to probate court if it is necessary to do so. It is only necessary when there is a large estate, many heirs, outstanding debts, or a possibility if someone is going to contest the will. In a case where the will isn't going to be contested a lot of time and money can be saved by doing a "short probate" if available or not choosing to submit the will to probate court at all. You will still need to go to probate court. The process is faster though and you will be put on the uncontested docket.
by

Related questions

Is ther a time limit on how long probate will last with an uncontested will?

Description : Is ther a time limit on how long probate will last with an uncontested will?

Last Answer : It usually has to stay open for 6 months.

if a person passes and doesn't own any property, do you still have to go to probate court. also, if they owned property and signed it over to a relative, is there a time frame before you die this this should take place?

Description : if a person passes and doesn't own any property, do you still have to go to probate court. also, if they owned property and signed it over to a relative, is there a time frame before you die this this should take place?

Last Answer : If there are any assets and debts, the estate will be probated. The assets do not have to include real property. If the individual deeded the property to another prior to his passing, the property belongs to the deed hold.

What is the name of the document (authority) that a court issues to a personal representative (executor) in an intestate probate proceeding?

Description : What is the name of the document (authority) that a court issues to a personal representative (executor) in an intestate probate proceeding?

Last Answer : Do you mean “power of attorney”? Or you may find the answer in this article—one term mentioned is “probate of heirship”

During an uncontested divorce, is there a certain amount of time the parties have to sign the divorce papers?

Description : During an uncontested divorce, is there a certain amount of time the parties have to sign the divorce papers?

Last Answer : I think so. But it’s best to ask your attorney here or consult your state laws.

How do I begin to file paperwork for an uncontested divorce in the state of New York?

Description : How do I begin to file paperwork for an uncontested divorce in the state of New York?

Last Answer : There is an excellent website that will help you file for uncontested divorce in New York. Go to www.courts.state.ny.us and you can download the paperwork. Be wary of doing this without an attorney though, you need to make sure your divorce will be 100% uncontested.

Uncontested Divorce Papers?

Description : Uncontested Divorce Papers?

Last Answer : There are times when matrimony simply does not work out for either party. For couples who can reach an agreement on divorce issues, such as property distribution or child custody, an uncontested divorce ... arise at any time during this process, it is best to seek the counsel of a professional.

We have added our daughter to our Deed to our Home, by a QUIT CLAIM DEED. She is given the rite of survivorship& her name shows on the tax rolls. Would this have to go through Probate ?

Description : We have added our daughter to our Deed to our Home, by a QUIT CLAIM DEED. She is given the rite of survivorship& her name shows on the tax rolls. Would this have to go through Probate ?

Last Answer : Yes as the house could still be claim to pay any debts you have.

Do you have to go through probate in Connecticut?

Description : Do you have to go through probate in Connecticut?

Last Answer : If the decedent was the sole owner any property such as realestate or bank accounts then the estate must be probated.

My brother just passed away in Albuquerque, New Mexico, he did not have any real property (real estate) he did own his vehicle and tools. His total amount of assests is around $30,000 and that might be high. Do I have to go through probate. ?

Description : My brother just passed away in Albuquerque, New Mexico, he did not have any real property (real estate) he did own his vehicle and tools. His total amount of assests is around $30,000 and that might be high. Do I have to go through probate. ?

Last Answer : Yes because you need to transfer the property to be able to sell it.

In state of Virginia, when a widow dies does her will have to go thru probate There are three children (adults).?

Description : In state of Virginia, when a widow dies does her will have to go thru probate There are three children (adults).?

Last Answer : Yes, it will have to go thru probate. This happens at the county court offices

My mother passed recently and had no living will.I am her only child. Do I have to go through probate to access funds in her bank account?

Description : My mother passed recently and had no living will.I am her only child. Do I have to go through probate to access funds in her bank account?

Last Answer : Yes, this must go through probate. The only exception is if you are already a joint account holder or if she had an "in the event of death" beneficiary on the account with your name on it.

Probate question. See inside.

Description : Probate question. See inside.

Last Answer : You need to get an attorney right away. It depends on the terms of the trust. How did your cousin access it? What were the terms if your mother was dead?

how to tell when probate is over

Description : how to tell when probate is over

Last Answer : Need Answer

how and when to file probate?

Description : how and when to file probate?

Last Answer : Usually your state law would determine if you had too. Normally you will need to and the time depends on the law in your state and is thirty days in a lot of places. call you probate court...they will be able to help you.

does property need to be deeded into a family trust in order to avoid probate

Description : does property need to be deeded into a family trust in order to avoid probate

Last Answer : Yes, I was told so. If you are concerned about the probate cost, that varies by state.

What is California cap or limit for legal fee for probate?

Description : What is California cap or limit for legal fee for probate?

Last Answer : what is the limit a lawyer can charge in California forprobate

How to Understand Probate?

Description : How to Understand Probate?

Last Answer : Probate is a legal term and a process. The term refers to the actions by a court to prove what the final wishes of a decedent are and who their legal heirs are. The process is the ... are valid and lawful.Certain probate procedures must be followed when an estate passes into that court's j

Where can I find information on Michigan probate law?

Description : Where can I find information on Michigan probate law?

Last Answer : Your state Bar Association Website is always a great resource for law related questions. I have included a link to the Michigan Bar Association page that addresses Probate ... ://www.legislature.mi.gov/%28S%28vam5jxjmtjnbzsfkv0jlh53k%29%29/mileg.aspx?page=GetObject&objectname=mcl-chapters-701-713)

What is the probate law?

Description : What is the probate law?

Last Answer : Probate law has to do with the legal distribution of the estate of a diseased person. Probate court can be avoided by having a living trust, or a will, that specifies who the recipients of the estate will be.

Does every estate have the need for a probate lawyer?

Description : Does every estate have the need for a probate lawyer?

Last Answer : No not every estate needs one. If the size of the estate is very modest and no one will contest it because it it straightforward then the matter can be handled in probate court where the judge ... challenged by someone then by all means get an attorney. He may save you years of legal nightmare.

What is a typical fee charged by a lawyer handling a probate?

Description : What is a typical fee charged by a lawyer handling a probate?

Last Answer : The cost of hiring a probate lawyer varies throughout the United States. The average cost of hiring a lawyer for a standard estate is $1,500 as a national average.

How do I get my probate money?

Description : How do I get my probate money?

Last Answer : Your inharitance money needs to go through probate to be sure no one else has claims to it. Probate will run it's course quickly if there is a will. If you are having issues getting your probate money ... States. By using this site, you will be able to find the best probate attorney in your area.

If I need the money for medical bills, is it possible to get a probate cash advance on my inheritance?

Description : If I need the money for medical bills, is it possible to get a probate cash advance on my inheritance?

Last Answer : For Heirs of a Probate who need advance cash on their Inheritance now, rather than waiting for the Estate in Probate to close, Heir Advance Company offers you an immediate Probate Loan, or Inheritance cash advance solution.

What is the job description for a probate attorney?

Description : What is the job description for a probate attorney?

Last Answer : A probate attorney advises and helps in the probate process. This includes management of estates, securing life insurance payouts, details of appropriate retirement plans, et cetera.

What types of fees are associated with getting a cash advance on my inheritance while it is still in probate?

Description : What types of fees are associated with getting a cash advance on my inheritance while it is still in probate?

Last Answer : For Heirs Who Want Advance Inheritance Cash Quickly & Securely: Probate Cash ... form of a house and property only, with no cash, can we still apply for a Probate Loan? ... What court fees and ... with Probate? .... The inheritance advance took my focus off money. Instead of getting further ...

Is it possible to file probate without a lawyer in the state of Florida?

Description : Is it possible to file probate without a lawyer in the state of Florida?

Last Answer : No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated

MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?

Description : MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?

Last Answer : Probate may be needed it would be best for you to consult a probate attorney.

how do i find out if a will has probate yet?

Description : how do i find out if a will has probate yet?

Last Answer : You have to speak to the lawyer who drew up the will.

Is there a statute of limitations for probate and does a will, filed in a different State matter?

Description : Is there a statute of limitations for probate and does a will, filed in a different State matter?

Last Answer : The state of filing wont matter. A Will must be filed for probate within four years after the date they died.

what happens when someone dies and his estate never goes through probate and then the executor of his estate dies ?

Description : what happens when someone dies and his estate never goes through probate and then the executor of his estate dies ?

Last Answer : You should seek official legal advice, but the online consensus seems to be that the 2nd person in line to be executor becomes in charge of the estate.

How is a house valued in probate The apprasial amount or Market value Balance of mortgage is $127,000. Can the spouse buy out the adult children ?

Description : How is a house valued in probate The apprasial amount or Market value Balance of mortgage is $127,000. Can the spouse buy out the adult children ?

Last Answer : The home should be valued at "fair market value", which is the value that a willing buyer and willing seller would set the house at, assuming they each knew all applicable facts. The spouse can buy out the adult children under some circumstances.

I am the executor of my brother's will. He lived in Iosco County, died in Kalamazoo County and I live in Allegan County. Where do I have to file probate and is it ok to have a Allegan County lawyer if I file in Iosco County?

Description : I am the executor of my brother's will. He lived in Iosco County, died in Kalamazoo County and I live in Allegan County. Where do I have to file probate and is it ok to have a Allegan County lawyer if I file in Iosco County?

Last Answer : You will need to file in The county in which he lived. Any lawyer will be fine as long as they handle this type of case. It is fairly easy to do as I did with my father. The lawyer should handle all details of this process.

My father died 11 years ago and my step mother never put his estate into probate. what can I do now. ?

Description : My father died 11 years ago and my step mother never put his estate into probate. what can I do now. ?

Last Answer : This is illegal. Contact an attorney. A will must go through probate or the estate itself must go through probate, but even if she legally inherited everything, there must be a probate process to hand over all legal title to her.

do you have to have a lawyer to probate a will if the will dictates who is teh executor ?

Description : do you have to have a lawyer to probate a will if the will dictates who is teh executor ?

Last Answer : If you already have a named executor, there is no need for a lawyer.

In case the balance was above one lac in deceased depositor account___ is necessary a) Witness of responsible person b) Thumb impression of the deceased person c) Succession certificate or Probate of will or letter of administration d) All the above

Description : In case the balance was above one lac in deceased depositor account___ is necessary a) Witness of responsible person b) Thumb impression of the deceased person c) Succession certificate or Probate of will or letter of administration d) All the above

Last Answer : c) Succession certificate or Probate of will or letter of administration

If a person dies and is at time of death the holder of a saving certificate and there is no nomination in force _____should be produced within 3 month for payment a) Death and probate of his willb) Letter of administration of his estatec) A succession certificate granted under the Indian succession act 1925,d) Any one of the abovee) None of these

Description : If a person dies and is at time of death the holder of a saving certificate and there is no nomination in force _____should be produced within 3 month for payment a) Death and probate of his will ... certificate granted under the Indian succession act 1925, d) Any one of the above e) None of these

Last Answer : d) Any one of the above

How to Probate a Will ?

Description : How to Probate a Will ?

Last Answer : How to Probate a Will Planning for the future can be an exciting task. Nothing beats the feeling of finally making your dreams come true, but one aspect of the future that may be hard to think about is ... may be leaving them behind, but you won't be leaving them without things to remember you by.