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Typically a will must be filed -- usually in court. Whether you need to actually open a probate estate, however, depends on the size of the estate and who the heir is. For example if the estate is very small and the heir is an adult, the state may have a procedure that simplifies the process. If the estate is large and the heir is a minor, however, as another example, full probate may be required.
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Can heir sell family proerty without the rest of the family?
An heir may sell property by deed if the estate has been duly probated and the heir acquired all the interest in the property under the will. The estate must be probated in order for title to the real estate to pass legally to the heirs. If the estate has not been probated the deed would be null. If the estate was probated and the heir did not inherit a 100% interest then her/his deed would only convey the proportionate interest they own.
Can you sell without probate the house your parents left you by Will as their only heir and with no debts if you have power of attorney?
NO. A power of attorney expires upon the death of the principal. You need to submit the will to probate to have the estate probated. Real property cannot pass to the heir legally until the estate is probated. Therefore, you cannot sell the property because you don't own it until the will is probated.
What are the rights of an adult child when a mother commits suicide and the mother and son have been estranged for 13 years?
If the mother was not married her adult child(ren) would be her heir at law and next of kin. If she has a will it must be probated. If she died without a will her estate must be probated. You should consult with an attorney.If the mother was not married her adult child(ren) would be her heir at law and next of kin. If she has a will it must be probated. If she died without a will her estate must be probated. You should consult with an attorney.If the mother was not married her adult child(ren) would be her heir at law and next of kin. If she has a will it must be probated. If she died without a will her estate must be probated. You should consult with an attorney.If the mother was not married her adult child(ren) would be her heir at law and next of kin. If she has a will it must be probated. If she died without a will her estate must be probated. You should consult with an attorney.
If an heir passes away before estate settlement what happens to the estate settlement?
If the heir died after the decedent, any property that was inherited by that heir would become part of that heir's estate. The heir's estate would also need to be probated.
Can a relative sign a quit claim deed if no estate has been open?
No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.
How do you transfer a deed of a deceased parent in OH to surviving child?
Their estate must be probated in order for legal title to pass to their heir. You should consult with an attorney who specializes in probate. The attorney can explain your options and draft a deed if necessary.Their estate must be probated in order for legal title to pass to their heir. You should consult with an attorney who specializes in probate. The attorney can explain your options and draft a deed if necessary.Their estate must be probated in order for legal title to pass to their heir. You should consult with an attorney who specializes in probate. The attorney can explain your options and draft a deed if necessary.Their estate must be probated in order for legal title to pass to their heir. You should consult with an attorney who specializes in probate. The attorney can explain your options and draft a deed if necessary.
how do you remove deceased spouse name on a deed of the now deceased wife?
You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.
Can you sell your dead brother's property?
You may sell your deceased brother's property if you are now the legal owner. You would be the legal owner if (1) he devised the property to you in his will and his will has been duly probated, or (2) he died intestate and you are his only heir and the estate has been duly probated. If the probate process has been completed in either (1) or (2) then you are the legal owner may sell the property. If neither has been done and he had no will then see the answer to the question: Who inherits in an intestate estate?
How can you take ownership of real estate owned by deceased?
The decedent's estate must be probated so that legal title will pass to the heirs.If you are an heir the title will pass to you legally as soon as the estate has been probated. If you are someone interested in buying the property you can purchase it from the estate representative who has been appointed by the court (after they obtain a license to sell real estate) or from the heirs after the estate has been probated.The decedent's estate must be probated so that legal titlewill pass to the heirs.If you are an heir the title will pass to you legally as soon as the estate has been probated. If you are someone interested in buying the property you can purchase it from the estate representative who has been appointed by the court (after they obtain a license to sell real estate) or from the heirs after the estate has been probated.The decedent's estate must be probated so that legal titlewill pass to the heirs.If you are an heir the title will pass to you legally as soon as the estate has been probated. If you are someone interested in buying the property you can purchase it from the estate representative who has been appointed by the court (after they obtain a license to sell real estate) or from the heirs after the estate has been probated.The decedent's estate must be probated so that legal titlewill pass to the heirs.If you are an heir the title will pass to you legally as soon as the estate has been probated. If you are someone interested in buying the property you can purchase it from the estate representative who has been appointed by the court (after they obtain a license to sell real estate) or from the heirs after the estate has been probated.
The deed for my house is in deceases aunts name I have always paid the mortgage and taxes as well as performing necessary upkeep how do I go about transferring the deed to me?
Your aunt's real estate is in her estate and her estate must be probated. The property will pass according to the provisions set forth in her will. If there is no will, her property will pass to her heirs at law according to the laws of intestacy in her state. If you are her only heir or heir at law the property will pass to you. However, the estate must be probated in order for the title to the real estate to pass to you legally.
Who can enter into a new rental agreement if the old landlord dies?
Only the legal owner of the property can enter a binding rental agreement with the tenant. You would need to find out if the property was probated and whether legal title passed to a beneficiary or heir.
Does a will have to be probated if their are only two heirs to the estate?
Yes.
