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Probate Court Rules

What is probate court?

Probate court, also known as surrogate court, is a type of court that handles probate matters and the distribution/administration of estates. The probate court helps to properly disburse property from a deceased person’s estate to the proper beneficiaries, helps to authenticate wills, enforces the terms set in a valid will through the grant of probate, helps to prevent wrong doing by the executors and administrators of the estate, and provides equitable distribution of a person’s assets that do not have a will.

In the state of Maryland, can the personal representative delay the probate court proceedings then ask that the to buy the property, have a reassessment of the value of the property, and trying to gain personally through the probate proceedings?

In the state of Maryland, it is prohibited by the court for the executor to self deal to gain benefit for themselves unless the court or heirs approve after there is a full disclosure. Since the executor is asking the court for the permission to buy the property, then the court will hear the case and make a decision. It is not uncommon for a reassessment to happen if the economy declares for the reassessment.

When a person takes a deceased person’s estate to probate court, what would be the next step regarding taxes and getting all the heirs names put on the title to the property?

Once the probate court appoints a executor to the estate, then the executor will be bake to use funds from the estate to pay the taxes on the property that become due. The heirs will have to fully go through the probate process and at the end of the probate process the probate court will issue a order to disburse the property, once that order is recorded it will be just like a deed being recorded and will place the title in the name/names of the heirs that have ownership of the property.

In the state of Georgia, would a spouse have to go through probate court to clear the deceased spouse’s name off of the mortgage if the deceased spouse has a will?

When it comes to transferring any real property, then the surviving spouse would need to go through the probate process to transfer all ownership of the property to them. The will must be presented to the probate court to be validated before the probate court will grant the title to be transferred.

When going through probate court, does the parents of a minor heir have to sign the receipt of distribution to receive money per the terms of the will and can they be forced to sign this if the parents are divorced?

When it comes to the receipt of distribution, there is no law that says that both parents have to sign for the minor child. If the parents are divorced, then the attorney that is handling the will should have both parents sign, to avoid issues, if the parents have joint custody of the minor child. The only way that a parent can be forced to sign is if the judge or probate court orders that both parents sign on behalf of the minor child.

When a heir is to get money or property from a will, then they have to go through probate court to validate the will and have the money distributed per the terms of the will, or if there is no will, then the assets to be equally distributed to the heirs. When a person is going through or has already gone through probate court, then there may be some unanswered questions that seeking the answers from an Expert.
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