The first place to check is with the probate court in the County of the State where the deceased lived. In almost every case the Will, if filed, will be available to the...
A “contest” is usually mounted by the filing of the necessary documents with the probate court by an heir, prospective heir or another beneficiary. Each state has...
Most of the challenges to invalidate Wills are by potential heirs or beneficiaries who got little or nothing. Questions on the validity of a Will must be filed in...
If someone files an objection to the Will or produces another Will, what is known as a “Will contest” has begun. While Will contests are not that rare, and while few...
Cincinnati Probate Court
What happens if the personal representative fails to perform his or her duty?
An executor or administrator who is derelict in his or her duty may be held personally liable for damages caused in the administration of the estate. Liability may arise...
It is not a requirement, but usually they are compensated. Certainly, all personal expenses they incur in the management and process of settling the estate must be paid...
Of course not. It is always your option to serve or decline. Even if you agree to serve you can resign later. If you do quit before the completion of probate, you may be...
The main tasks of a Personal Representative are to: (1) determine if there are any probate assets; (2) identify, gather, and inventory the assets of the deceased; (3)...
Cincinnati Probate Court
Is it necessary for the personal representative to live in the decedent’s state?
It depends on the laws of the state, but usually isn’t an absolute requirement. However it is usually easier – especially regarding larger estates and cases involving...
You could do so by appointing co-representatives or a secondary representative. However, this could not only cause problems during probate if there is a disagreement...