I am the executor for my uncles estate I want to know when to read his will before or after probate?
by admin ~ August 18th, 2008 . Filed under: Law & Ethics .
sraj26 asked:
I am the executor for my uncles estate I want to know when to read his will before or after probate
Wava Ailshire
I am the executor for my uncles estate I want to know when to read his will before or after probate
Wava Ailshire
August 19th, 2008 at 4:45 pm
theoretically you would quietly read it to yourself, then either throw it in the trash if you didn’t get anything, or probate it. After you’ve probated then read it to all the involved parties.
August 21st, 2008 at 5:04 am
Usually the will is read before probate. Your Uncle’s attorney should council you in this area. But the will is almost always read before probate.
August 23rd, 2008 at 4:58 pm
Any time you wish.
August 24th, 2008 at 10:53 am
You can read it any time you want but it will only create problems if you do simply because his estate has not been settled until all claims have been settled…
For that reason, it’s best to hold the reading until after settlement and it does not have to go to a probate court unless there is outstanding debts and insufficient funds in your POA to cover these debts…
As his executor, I assume you live in the same state as your uncle as that is required of you. If not, you must hire a lawyer of the state he resided in…
If you research more, you will find yourself equally capable to post the debtor / credit calls in the local newspaper and then dispurse payments “IF” there is sufficient funds to do so. If not, then a judge must approve a ratio payoff to his debts and it would be best to have a lawyer for that…
Meanwhile, not a single possession can be given to anyone until the debts are cleared whether going to probate or not. The remainder of assets can be delivered after all settlements have taken place… There may not be as much money left as your uncle planned to dispurse in his will…
That is why it’s best not to read the will until after a probate…
Keep in mind also that your uncle must pay his income tax later and it is your responsibility to do that as well…
Good luck, you need it…!