Most courts require an attorney; however, check with your Probate Court at the courthouse in which the deceased lived.
With a Will:
- Have will probated at probate court in the county where the deceased resides.
- Supply all direct heirs names & addresses
- Court notifies all heirs
- Witness of will must sign interrogatories
- If objections:
- Hearing and court decisions
- No objections:
- If objections:
- Executor or Executrix appointed by letters testamentary
- Executor or Executrix then does what will says
- Pay funeral expense
- Pays debts
- Changes titles on property
- Distributes assents to Heirs
- Assents may need to be liquidated so expenses & debts can be satisfied.
- Balance of monies distributed to heirs
INTESTATE, without a will:
- Any Heir or person not necessarily related, notify all heirs
- Run citation for 4 weeks in legals in county of residence.
- Court appoints administrator with letter of administration
- Pays funeral bills
- All other assents distributed among direct heirs
- After 6 months and all assents disbursed, court will dismiss
- Order of inheritents:
- If child is deceased-their children
- Not married:
- Brother (if deceased – niece or nephew)
- Sister (if deceased – niece or nephew)
- For the years 2004-2005, estates with a value of one million, five hundred thousand dollars ($1,500,000.00) or more must file 9 months from the date of death and tax is due with the return.
- For the years 2006-2008, estates with a value of two million dollars ($2,000,000.00) or more must file 9 months from the date of death and tax is due with the return.
- For the year 2009, estates with a value of three million, five hundred thousand dollars ($3,500,000.00) or more must file 9 months from the date of death and tax is due with the return.
- For the year 2010, there is no limit.
- For the years 2011 and after, estates with a value of one million dollars ($1,000,000.00) or more must file 9 months from the date of death and tax is due with the return.
STOCKS & SECURITIES
Stocks and securities will require an authorized security broker to liquidate of exchange these assets.
PERSONAL PROPERTY & REAL ESTATE
If the personal property and real estate need to be liquidated it is advisable to call a marketing specialist. An auction marketing specialist cannot only offer you professional sales advise, but also a specific time frame to market the property.
If Piché Auction & Realty LLC can be of any service to you,
please don’t hesitate to contact us. We work for you!