Is it possible to view Probate and the value of a deceased person’s estate on line? Since many estates are quoted in the newspaper, I think it should be possible to find such information on line. Any helpful answers welcomed. I have a very good reason for wanting this information.
You should contact your local Probate Registry Office. They will be able to tell you whether you can and how you go about doing it.
I believe you won’t be able to find out this information until a Grant of Probate/ Grant of Letters of Administration has been obtained in the estate.
If you are an interested person in the estate (i.e. a beneficiary) perhaps you could try contacting the solicitors who are dealing with the estate.
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Executor misconduct:
The executor of a will is the person chosen by the testator (deceased) to speak for him in the settlement of his estate and carry out the instructions set out in the will. Any attempt by the beneficiaries to remove the executor, for any reason, leads to an adverse court proceeding with each side represented by an attorney.
Removal is not easy. The beneficiaries must prove serious misbehavior before the court will consider forcing an executor to step down. This can be difficult. In most challenges, the following behaviors have not been grounds for removal:
• Rude and unfriendly to beneficiaries
• Acting like the estate belongs to him
• Repeatedly refusing to give the beneficiaries information
• Keeping estate funds in a bank account instead of investing
• Moving too slowly on settlement of the will
In general, the courts will only remove an executor if the beneficiaries can show that he is incapable of performing his duties, is unsuitable for the position, or has become disqualified since the deceased appointed him.
To become disqualified, the courts have required that the executor has been convicted of a crime (unrelated to the estate) and sent to jail. To be found incapable of serving, the beneficiaries have to prove the executor has a physical or mental handicap, whether permanent or temporary, that prevents him from performing his duties. Unsuitability is the toughest one to prove, as the courts are always interpreting the situation at hand.
Unsuitability usually involves either a conflict of interest, causing the court to question the executor’s ability to serve impartially, or some form of serious misconduct.
Read More:
1. What are the duties of an executor?
2. What powers does an executor have?
3. Can I stand down as an executor?
4. What is ‘probate’?
5. What is a Grant of Probate?
6. When is a Grant of Probate needed?
7. How do I apply for a Grant of Probate?
Hi, Id like to know, if I am an executor over an estate, and the letter of authorities have restricted me from selling any items like the car, or house, what can happen to me legally if I do. For instance, the home in about to go into foreclosure, and I have someone to purchase it. I know I am suppose to get permission from the court, but what will happen if I dont get permission. Also, there is a car that is paid for that I can sale. I am the husband of the deceased wife, who had the car and it is paid for. What can happen to me if I sale it even though the court said not to? Can I get in trouble with criminal charges or only civil? Or both? Or not at all?
You are the executor and you are bound by the letters of authorities, if you sell any of the property that you are not supposed to you can be charged with failure to obey a court order. Take your case before the courts, show them the house is ready to go into foreclosure and that you have a willing buyer.
Your job is to distribute the assets of the estate, you can be held financially responsible for any items listed that are missing.
It would be wise to talk to an attorney regarding this to CYA (Cover Your A&&)
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There are no outstanding mortgages, auto loans or credit card debt. No money owed to anyone.
Considering what you have at stake here, you’d be better off asking a real attorney in your state rather than a bunch of “Yahoos”.
Wills do nothing to avoid probate, they just direct traffic so to speak so that a judge doesn’t have to do 100% of the work determining who is due what after someone passes.
In this case, probate will be very simple and incur minimal fees. An inexpensive bond can be posted and the estate completely liquidated prior to the probate time period running its course.
If the widow didn’t want to have her estate probated she could have taken care of that easily right up to the time of death. Hers was the decision to go through probate or not and now she’s not around to handle the aggravation, time, small expense, etc. I say small expense depending on the size of the estate. If it is very large then her negligence could cost her heirs big-time.
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Property is now in the name of the two daughters according to the county assessor’s office but the daughter I have contacted says it is in probate and she cannot sell until that is finished.
You may purchase property that is in probate, it is done all the time. The only difference is all funds obtained from the sale of the real property must be accounted for and placed in the current probate so as to be divided by will, the court or other legal documents by the one that left the property.
You should check with the probate attorney about the sale.
Perhaps the daughter does not want to sell the property and/or the family has plans for the property after probate.
I don’t think Missouri has different laws, but check with the probate attorney.
I hope this has been of some help to you , good luck>
“FIGHT ON”
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We have several potential buyers on a house that is in probate. Can we still sell? The attorney seems to be too busy to get things going and the clock is ticking on these buyers.
Myself and sister are co-personal representatives of the estate.
Absolutely, you can sell it. You two are the personal representatives and can do anything you want with the estate. The issue is whether the other heirs will protest the sale. If you sold it for fair market value, you have no liability. This is what you do: Go to a stationary store and buy a deed form. Re-title it as "Personal Representatives' Deed." Deed the property to yourselves as personal representatives of xxxxxx's estate. Then, choose your buyer and sell it. In my state, you do not need permission from the probate court after you've been appointed. You do have a fiduciary duty to the other heirs, so you must make sure it's a fair sale. This is how it's done in MY state. If your state has the Uniform Probate Code, it has the same rules.
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I know the person had a will and a trust but I just dont understand the probate part of it. I was to thinking of can it be avoided if you know you are in the will?
If a person had assets in his/her name when he/she died, generally, probate is invovled. In your sitution, since there is a Will, the Will must be admitted to probate and the Orphans Court/Surrogate Court, depending on jurisdiction, will monitor the distribution of the funds so that it is done in accordance with the Will.
Your situation 99% of the time requires an attorney to handle the Probate procedure for you. The only way it would not is if all property was in the trust or held jointly and the decedent had no assets in their name when they passed away. It gets a little complicated depending on when gifts and the trust was funded, if there was a surviving spouse, etc., so an attorney should be retained to assist in this procedure.
I'm willing to bet your situation requires probate of the will and appointment of an executor/executrix. Please see an attorney.
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Probate Real Estate Investing:
1: Probate files are public record. In US I don’t know of a City or County where probate files are private. Many people think bankruptcy filings and foreclosure notices are private. Wrong! Probate files are of public record just like Bankruptcy and Foreclosure. You can walk into any county, ask where the probate files are kept and access them with ease. Or better yet access them online in the comfort of your own home.
2: Probate court requires that probate property is sold at “fair market value“.
I could tell you this is not true based on the deals at big discounts. When a probate estate is opened a Personal Representative is put in place. The named executor can sell probate property is the court’s main concern, but not the ‘what’ the property is sold for.
The heirs are getting what is theirs, they can do whatever they want with it. The court wants to make sure the probate estate is settled properly but rarely micromanages the disposition of assets. In some cases property will be appraised, but this is the exception more than the rule.
Here is what you need to know: the overwhelming majority of probate estates allow the heirs to sell the property at whatever price they desire. And when you have a probate property in disrepair, vacant and often being dealt with by out-of-town heirs you have the makings of a great deal.
Here is another source to get a wealth of information ON:
Administration of Wills, Trusts, and Estates
31 Days to profits
there are family members contesting can that be introduced into probate.
Contesting the will? That's fine, life insurance isn't part of the estate – you can't "change" the beneficiary clause via a will.
Contesting the beneficiary clause? Well, unless you coerced him to change it right before he died, or forged the change, that's NEVER going to be changed. So that's a losing battle, assuming you've acted honestly.
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