If my name is on the decedent’s account, should I pay the bills?
No. All estate debts should be considered after the creditors file their claims. If there isn’t enough money in the estate to pay claims in full they will…
Probate FAQ
As Power-of-Attorney, can I use the decedent’s funds to pay his bills?
No. When the principal dies, the agency ends immediately and so the power-of-attorney no longer exists…
Is Probate necessary if a person dies without a will?
Whether the decedent made a Will or not is irrelevant to whether an estate needs to be opened. Depending on the size of the estate or…
What’s the difference in being Power of Attorney, Executor or Personal Representative?
When someone appoints you as their power-of-attorney, also known as an “attorney-in-fact,” you are the person’s (the principal’s) agent with authority…
Do I need a lawyer to probate an estate?
There is no legal requirement that an attorney be used to probate an estate. If the estate is simple and one is detail-oriented and…
How does someone become Personal Representative in the will?
Even if named Personal Representative in the Will, one does not become the Personal Representative until the Court issues Letters of Administration which…
How do I find out if the Decedent made a will?
The first step, after someone dies, is to determine whether there is a Will. If the Will cannot be found at home or in the decedent’s safe deposit box…
What is an Ancillary Estate?
An Ancillary Estate is a kind of piggy-back probate procedure that has to be performed in another State, for example, if the decedent owns real estate…
In which county or state should the estate be probated?
An estate is probated in the County in which the decedent resided as at date of death. However, there are nuances…
How do I create an Estate?
The first step, after someone dies, is to determine whether there is a Will…