I realize that a testator can deposit their own Will in the court for safekeeping, but until the testator is deceased, probate will not commence. Therefore, unless the Executor or a friend or someone who has knowledge that the testator has died files it,(and also knows that the will is at the...
yes, I suppose eventually some entity or other would start looking into things and get a death certificate and start some type of proceeding. The question is, how long would it take before that happened, and if it too much time elapsed, would things end up in a mess because nothing had been...
The estate is actually rather significant, but the Executor is only being given a modest "bequest", and has been told that they can also collect a fee of between 2-4% of the total value of the estate if they carry out the role of Executor. A charity is receiving the bulk of the estate. Due to...
In general, this is certainly correct. If large sums are at stake, I agree that an Executor will stay on top of the game and make it their business to know the whereabouts and health status of the client, and whether the client is living or not. However, in the specific scenario, the Executor...
In this particular case, the Executor IS a relative, and is the primary relative who is still somewhat in contact enough to be named as an Executor. There is no other relative or other means by which this one relative would be able to find out about the death of the testator. Therefore...
A couple of general questions regarding the mechanism of probate of a Will
1. If a rather sizeable bank account (over 200K) is created as a "pay on death" account, my understanding is that such an account is considered to be "outside the will" and not subject to probate. But an Executor...