Can someone probate an estate of someone who died?

Question

Erven Nelson · Answer

Yes.  There is never a probate without a death.

Kathleen Delacy · Answer

After 60 days anyone can open an estate.

Susan Wideman · Answer

Probate administration is only for the estates of deceased people.

Victor Waid · Answer

Probate proceedings are generally initiated by a relative or a family member, but that doesn't mean a interested person could not initiate a probate proceeding, including a public guardian or a financial fiduciary.

Darin Christensen · Answer

Yes.  There is a statutory order of priority (the people named in the will, then family members in order based on their relationship, etc.) . If no one with a higher order of authority is a appointed, someone with a lower order of priority may apply.

Dara J. Goldsmith · Answer

That is what needs to be done.  I urge you to speak with an attorney.

Christian Albut · Answer

If there was property in the estate to probate and it was not under a trust, then yes the estate would have to be filed in probate court.

John Brennan · Answer

Any interested party can commence an action, see an attorney.

Randy Lish · Answer

Yes, although the state of residence should have a statute that governs the priority of who gets appointed as executor.

Scott Pesetsky · Answer

Yes, if they have a legitimate interest.

Thomas Edward Gates · Answer

Anyone designated in a will and approved by the court can probate an estate.

Jayne Sebby · Answer

Anyone who has an interest in the estate can apply to serve as executor.  This can be a spouse or immediate family member, a friend, or a business to which the estate owes money.

Gerald Bagazinski · Answer

In Michigan, you have to have priority. The surviving spouse has priority, then the children of the decedent if the are not minors have equal priority, then the parents of the Decedent.

James Frederick · Answer

Of course. This happens all the time. I THINK what you are asking is whether this can be done without using an attorney. While it is possible to do this, it is not something to be done lightly. I do not recommend this, unless you have experience doing it. Otherwise, it can be frustrating, confusing and expensive. You also have potential personal liability if something goes wrong.

Christine James · Answer

Anyone can petition to administer someones estate.  That said, there is a statutory priority of family that may have a superior legal right to probate the estate.  Speak with an attorney to determine if you are in a priority class.

Neil Lehto · Answer

Only an interested person can do so. An interested person includes someone named in the will, or a natural heir such a child, spouse, or other relative, creditor, or any other person that has a property right in or claim against the estate of a decedent.

Bernard H. Greenberg · Answer

Your question does not contain sufficient facts on which to base an answer. Generally, an interested person, as defined by Colorado law, may seek to open and probate a decedents estate.  For additionally information, consider consulting with an attorney specializing in estate administration.

Pamela Hancock · Answer

Yes, any interested party may bring the matter before the court, but an attorney is required in estate actions.

Mark T. Peters · Answer

Well yes, someone can probate the estate of someone who died, the question is who can do it.  First priority is the spouse, then the next of kin, then the creditors.

Monica H. Donaldson Stewart · Answer

It depends on who the someone is. The statute designates who has legal priority to open a probate action (with or without a will).

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