Tuesday, August 9, 2011

Im the executor in my mothers will who just passed do i need to go to the probate court to do anything?

If she owned any real property, or if the entire estate amount meets the minimum requirements for probate in your jurisdiction, then yes, you would have to file a probate case with the courts. And if that is the case, you would file an action for probate and division of assets and you would have to give public notice, (which usually requires that you publish it in your mother's local newspaper) for a certain period of time. That way if there are any creditors or people who have a valid claim against the estate, they can make a claim. But you can't just take it and do whatever you please, unless her estate is basically worthless. However, if she wrote a will, I assume it has value, so you will most likely have to go through probate. It can take a while but if you start getting the ball rolling early and get the case filed and run the public notice immediately, it will go much quicker. Usually the notice has to run for 90 days (could be more or less depending on the jurisdiction).

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