Spouse’s right to elect against the Will
A surviving spouse has a right to elect against the will and to take the share he or she would have been entitled to if there was no will. If for example, the will left the estate to a trust…
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Tag Archive: probate court
What is an accounting?
Once all of the bills have been paid and all of the assets have been sold or distributed, the executor/administrator has to prepare and file with the Probate Court a final account. This shows the Court all of the assets…
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Filing of the Inventory
The executor/administrator must file with Probate Court an inventory of the estate assets. The inventory is due within three months of being appointed. The Court can extend the time for filing of the inventory. This is a detailed list of…
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Powers and duties of the Executor/Administrator
An executor or administrator of an estate is the person who is responsible for the administration of the estate. They must identify and evaluate the assets. They must identify and pay all bills. They are responsible for selling the assets…
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Who can serve as Administrator and Guardian if no Will
The Probate Court would select the administrator of your estate and guardian’s for any of your minor children. Somebody from your family or otherwise would apply to be appointed the administrator of your estate. The Probate Court would have a…
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How is an Estate opened if there is no Will
Someone files an application to open an estate without a will and to be appointed as the administrator of the estate. This is typically a spouse, child, or other family member. In some cases it is an attorney applying to…
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Appointment of Executor
At the same time as the will is admitted to Probate Court, the executor who is listed in the will is appointed as the executor. Many lawyers have abandoned the gender specific terms of executor applying to a male and…
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Filing of the Will
The first step to open probate is to file the will. There is a presumption that the will is valid. A list of all of the people named in the will and a list of all of the people who would…
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What Assets Go Through Probate?
Whether an estate goes through probate or not, depends on how the decedent held assets and what types of assets were owned at the time of death. Certain assets have to go through probate, other assets do not. The…
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Is Probate Necessary?
If there are assets in the name of the decedent alone, probate is necessary to re-title those assets. Any assets payable to an estate must go through probate. For example, you name your estate as the beneficiary of a life…
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