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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.
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Recent Probate Questions

  • My father passed away without a will (which was very shocking).

    My father passed away without a will (which was very shocking). He owned a home with no mortgage and a car with a small loan. There's a little cash but not much. He told everyone that everything was to split among his 7 grandchildren which is no problem. He always told me I was to handle his financial affairs (I am an Accountant always did his taxes and I swore to him that I wouldn't make any decisions without consulting my 2 sisters); however, my brother-in-law is saying that Daddy asked him to handle his affairs. I believe he has already filed for executorship. I am pretty sure that my 2 sisters and I have to sign off on everything and he would have to show us proof of things; but what are the chances that he could take everything if I let him handle it?
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