FAQ
We have the answers.
- 1. What is probate?
- 2. What is probate court?
- 3. What is a decedent’s estate?
- 4. Is probate necessary?
- 5. Does a decedent’s property always have to go through probate?
- 6. What do I do if the decedent only left a small estate, but the bank says I need to give them letters of administration?
- 7. What do I do if the decedent only left a small estate, and real property worth less than $55,425.00?
- 8. What do I do if the decedent only left a small estate, but it includes real property?
- 9. Do life insurance or retirement account proceeds go through probate?
- 10. Do trusts go through probate?
- 11. What happens if there is a will?
- 12. What do I do if I have the decedent’s will in my possession?
- 13. How can I find out if the decedent had a will?
- 14. What happens if we cannot find an original of the decedent’s will?
- 15. What happens if there is no will or the will did not name an executor?
- 16. Can anyone be a personal representative?
- 17. What are the qualities required for a personal representative?
- 18. What are the responsibilities of a personal representative?
- 19. Do personal representatives get compensated?
- 20. What if I was married to the deceased person?
- 21. Does it cost anything to go through probate court?
- 22. What if the decedent didn’t leave many assets?
- 23. What if the decedent owned real property in another state?
- 24. What do I need to start a probate case?
- 25. Where can I open a probate case?
- 26. How do I get legal help for probate proceedings?
- 27. What is a Probate Clerk?
- 28. What is a Probate Examiner?
- 29. What are probate notes?
- 30. What is an amendment?
- 31. What is a supplement?
- 32. What is an Amended Petition?
- 33. What is a Probate Referee?
- 34. Can I appear telephonically or remotely at a probate hearing?
- 35. What is a continuance?
- 36. What is an Objection to a Petition?
- 37. Who can contest a will?
- 38. On what basis might someone contest a will?
- 39. How long does the probate process take?
- 40. How do the decedent’s creditors get paid?
- 41. Do a decedent’s children or beneficiaries have to pay the decedent’s creditors out of their own pocket?
- 42. How are taxes handled in probate?
- 43. What is a trust?
- 44. What powers does a trustee have?
- 45. Does a trustee have duties?
- 46. Does a trustee need to do anything specific when a settlor passes away?
- 47. What rights do trust beneficiaries have?
- 48. What if the trustee doesn’t tell me what is going on?
- 49. Can I get any help if the trustee isn’t doing their job?
- 50. Do trusts end?
- 51. What is conservatorship?
- 52. What is the difference between general and limited conservatorship?
- 53. What is guardianship?
- 54. How long does it take for a probate court to grant a guardianship?
- 55. What if there is an immediate need for a guardianship?
- 56. How long does a guardianship last?
- 57. Does a guardian need to do anything further with the court after being appointed?
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