The law on deceased estates is one of the more complex elements of the English law system. In the United States, as in many other countries, the surviving family members of a deceased person have the right to maintain the decedent’s estate. If they choose to do so, they must apply with the Probate Court. If the court concludes that the decedent’s estate should be maintained, an executor or administrator will be appointed to administer the decedent’s estate. At the same time, rules govern the distribution of the deceased estate and, if any, who can claim it.
Although intestate succession law is complex, the courts have found that specific construction rules apply whether the decedent lived or died in an accident. Some common examples include determining who is responsible for paying off debts, resolving disputes over access to money owed, resolving the ownership of bank accounts, and much more. Below is an explanation of each of these critical points in more detail:
The most crucial factor determining when decedents’ estates are considered for probate is the original, final signed death certificate. When this document is not available for analysis, the decision concerning the decedent’s legal personal property must be made. In most states, the executor must file a verified statement that the deceased person had died “in his official capacity.” Most states also require the executor to prepare and file a verified statement of trust.
As mentioned above, there are differing standards for assigning the appointed executors’ duties in deceased estates. In general, the two most common types of administrators are the personal representative and the administrator. In a personal representative function, the executors typically act in the name of the dead person. However, when it comes to the other type of administrator, the appointed individual must comply with the court’s instructions before taking on the responsibilities.
Another factor that must be considered when deciding when to handle WilliamsLegal deceased estates is whether the testator was married or not. If the testator was not married, it’s more likely that the estate will pass under the standard union clause. In addition, in some states, a testator must sign a certification stating that they are not a resident of the state in which the decedent resided.
A testator may be considered a surviving spouse if they testates the decedent’s estate under the standard union clause. However, in many cases, when the decedent dies before naming a successor, the judge cannot ascertain the testator’s marital status. Therefore, the executor may petition the court to issue a special master who can make this determination to overcome this deficiency. In some states, a master who has the authority to make these determinations is referred to as a “personal representative” and not an “executor.”
The last step in deciding when to handle a deceased estate involves determining if the testator’s will includes a living trust. Although there is no state-specific requirement, most will specify that the testator’s trust must contain provisions that allow a beneficiary to access the assets, use them for investment, or give it to others. As long as the testator’s living trust does not have a specific provision addressing the issue, a testator who wishes to leave their estate to a beneficiary can do so with little risk. However, if a provision in the testator’s will indicates a contrary intention, a living trust might be necessary to prevent creditors from harassing the beneficiary.
As you can see, the process of handling a deceased estate can be complex and time-consuming. Therefore, it is crucial to becoming as informed as possible before beginning the process. One of the best ways to learn about key terms relating to probate and wills is to consult an attorney experienced with these issues. Many knowledgeable attorneys are practising in every state and have significant experience handling deceased estates and probate.