How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Estate Law question
Type Your Estate Law Question Here...
characters left:
5 Estate Lawyers are Online Now

Probate Law Questions

What is probate?

When a person dies, the first step that the family will take is probate. Probate is used to administer a deceased person’s assets and dissolving all claims to make sure that the will is followed. A probate court is the type of court that administers the probate and decides the legality of the will. Once a will has been through probate, the will becomes legal and binding and if a person needs to involve legal courts to get the probate enforced, they can.

How can a person collect on a probate judgment when the old executor will not pay?

The person can force the assets be returned to the estate since the old executor fraudulently took the assets. If the old executor knew that there were debts that still needed to be paid, then the person practiced a breach of their fiduciary duties. The new executor will need to hire a local attorney and take the case back to probate court and get a contempt judgment.

What can a person do if they have a will in probate and the other beneficiaries are up on charges of murder by the District Attorney?

If the District Attorney files charges against the beneficiaries for murder, then the other person can file a charge with the probate court to have the probate stayed. The person would need to use the findings of the District Attorney in the criminal matter to strengthen their case for the will to be contested. The person would need to make sure they had all their evidence that the codicil was not a proper person to receive the proceeds of the will through the charges of murder from the District Attorney.

What kind of form would a person have to fill out to be able to get rid of the deceased person’s assets if the beneficiary was an only child?

The person would need to go to the court house and fill out documentation that shows that the person is the executor. A letter of testamentary will be given to the person by either the judge or the clerk. Without there being a will, the person would have to establish that they are the only heir and that they are indeed the deceased person’s child. The person would need to bring with them to the court house, a death certificate and the will once the will is obtained.

In the state of Arizona, are heirs required to probate an estate if the heirs are in agreement on distribution of the assets?

If there are any titles involved, then in Arizona the estate will have to go through probate. If there was a representative named, then that person would be filing for probate and would have the legal right to distribute the estate, if there was no will, then the probate court will designate a person to be the representative. Once the representative is named, the estate will be inventoried, all debts paid, taxes paid and filed if required, and sell the assets of the court agrees and then distribute the remainder to the heirs.

Probate is a way for families of people who pass on to distribute the property in the estate of the deceased person. When there are several members of a family involved or probate court gets involved, then there may be several questions that may need answered. When these questions arise, then the person/persons would need to contact an Expert to gain the insight that will help them understand probate.
Ask a Estate Law question
Type Your Estate Law Question Here...
characters left:
5 Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21122
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21122
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18367
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8473
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3829
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3291
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Probate Questions

  • My dad died 5 yrs ago leaving everything to an adopted sibling

    My dad died 5 yrs ago leaving everything to an adopted sibling and nothing to his two natural children. The will was contested, but ruling was in adopted siblings favor. But, estate still has not been probated? There are mineral rights, but everything is still in our dads name. Could my sister and I go in and probate estate and get our share of mineral rights?
  • What does one need to do to put their house in a trust for

    What does one need to do to put their house in a trust for children? I need to secure it so it does not go into probate court.
    I have a will but I think I have to do something else so there is not probate.
    SW
  • my step mother died leaving no will, my father raised all of

    my step mother died leaving no will, my father raised all of her children my brother and myself were raised by my mother but came to dad as young adults 17 and 16 have been with family for 46 years now step sister says all belongs to mothers children ,even the checking account which is in fathers mothers and my name
< Last | Next >