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Laws on Inheriting Property When There Is a Dispute – Delhi, India, London, Singapore Property is inherited either from a will or from a decedent who died without a will. If the decedent dies without a will, his property is subject to an administration proceeding. If the decedent dies with a will, the estate is subject to a probate proceeding. In either case, the purpose of the proceeding is to locate the heirs and distribute the assets. In both proceedings, an heir can challenge the petition or the proposed distribution of assets.ProbateInheritance cases are handled in surrogate or probate courts. In a probate proceeding, a will is filed for the decedent. The case must be filed in the county where the decedent resided at the time of death. A probate petition asks the court to accept the will. In most cases, the will names an executor who acts as the personal representative of the decedent. The executor is required to prepare an accounting of the assets of the estate and distribute them according to the terms of the will.AdministrationSurrogate and probate courts have jurisdiction to settle the assets of persons who die without a will. The individual is said to die...more
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