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A POA must be signed by the principal or by another person in the principal's presence and at the principal's direction, and acknowledged by a notary public. The agent is also required to sign the POA to acknowledge that they have been appointed as agent and understand their role.
Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.
Probate can take anywhere from around nine months to about a year for an average estate to be settled through New Hampshire probate.
Unless the conditions for a Waiver of Administration are present, regular estate administration is required. Under New Hampshire law, if you are named as executor in a will, you have thirty (30) days after the decedent's death to file the will with the Circuit Court in addition to one of the forms listed below.
If an executor breaches this duty, then they can be held personally financially liable for their mistakes, and the financial claim that is made against them can be substantial. In an extreme example of this, one personal representative failed to settle the inheritance tax bill before distributing the estate.
How does the executor's year work? The executors have a number of duties to both creditors and beneficiaries during the administration of the deceased's estate. Starting from the date of death, the executors have 12 months before they have to start distributing the estate.
Can an executor appoint another executor? If they are unable to act temporarily, for example, they live abroad; it is possible to give a Power of Attorney to another person to act on their behalf. The executor can delegate the functions he/she has to carry out to the attorney.
When it is to be registered it should be presented at the sub-registrar's office with jurisdiction over the immovable property referred to in the document. Notarising a power of attorney is as good as registration . Section 85 of the Indian Evidence Act applies to the documents authenticated by a notary.
It doesn't matter that you previously had authority to make decisions on their behalf, as it's not the same thing. So the fact that you had power of attorney has no influence over whether or not probate is needed.
As an Executor, you should ideally wait 10 months from the date of the Grant of Probate before distributing the estate.