Estate Law Questions? Ask an Estate Lawyer.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.
Do you know the county where probate would be filed?
Are you online with me?
Do I understand correctly that the clerk of the probate court has no record of an estate opened for the decedent you are interested in finding? Is it possible there was an estate opened in a different county?
An executor can only be appointed by the probate court. If there was no estate opened then there is no executor. The only way to get the records you are seeking is to subpoena the person claiming to have paid them out.
If no estate exists in probate then I suspect any money is just being paid out by someone who has access to the accounts.
No, the estate would be probated in the county where the decedent was domiciled.
Yes, the subpoena can specify you just want the records (a subpoena duces tecum).
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