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Does a will have to be probated no land just personal property?
Wiki User
∙ 14y ago
Yes. In order for title to real property to pass to the devisee the estate must be probated. You will not become the legal owner of the land until the will is allowed in cour, an executor is appointed and the probate process is completed. You should seek the advice of an attorney who specializes in probate matters in order to clear the title to the property.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoThat really depends on several things.
If there are bank accounts owned solely by the decedent you would need a court appointment to access and close them. If the decedent owed any debts they should be paid before any assets are distributed. If there are valuable assets included in the personal property and several heirs-at-law, the property should be distributed by a court appointed administrator according to the laws of intestacy and under the supervision of the court.
On the other hand, if there are no debts, little property, and everyone is in agreement about how it should be distributed a formal probate of the estate may not be necessary. If you're not sure, you should consult with an attorney who can review the situation and determine what your options are.
Wiki User
∙ 15y agoNo, not necessarily. If the deceased assets are under a certain amount there is no need. (About £5k in the UK)
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If a owner dies owning real estate that they acquired by a quitclaim deed does their estate need to be probated?
Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.
What defines personal property?
Personal Property is property that is not real property nor property that is attached to the land.
Does a will need to be probated in the state the property is located in?
Yes. Generally, an estate that holds real estate must be probated in the state where the land is located. Generally, if the decedent's estate is probated in the state where they lived and there is land in another state an ancillary probate must be filed in the state where the land lies. In an intestate estate, land is distributed according to the laws of intestacy of the state where the land is located.
Can a deceased resident of New Hampshire have their will probated in Massachusetts?
There will should be probated where they owned property. In addition, their will must be filed for probate wherever they owned real property, even if it was located in more than one state. Estates that pass title to real property must be probated in order to establish legal title.For example, if the person lived in NH and owned property there, the estate must be probated in NH.If the decedent also owned real property in Massachusetts, exemplified copies of the NH probate would need to be filed in the county in Massachusetts where the land is located.If the decedent only owned property in Massachusetts their estate must be probated in Massachusetts.
What is the legal definition for personal belongings?
Personal property is any movable or intangible thing that is subject to ownership and not classified as real property. All property other than land and buildings attached to land.
Is real estate tangible personal property for purpose of probate?
No, land is Real Property.
My mother inherited land on which she pays the taxes does she own the property?
Your mother is not the legal owner of real property until the estate is probated. If there was a will then the will must be presented to probate court and an Executor must be appointed. If there was no will then an Administrator must be appointed. Legal title to real property cannot pass to the heirs until the deceased owner's estate has been duly probated.
If a fixture is permanently affixed to real property is it the personal property of the owner?
anything afixed to land is real property . personal property is that ,that is moveable such as a fridge or stove since they are pluged into a socket and are movable they are considered personal property .
Is it legal for the trustee of a never probated trust to change the title on a property from The Jane Doe Trust to the trustees name as his sole and separate property and then get a loan?
Your question still lacks detail. Trusts are not probated. if a trust is set up in a will and the testator has died the trustee has no power at all until the will has been probated. Banks have the title checked to make sure the person applying for the mortgage has legal title to the real property. The situation you describe just doesn't make sense. You can go to the land records office and review a copy of the mortgage. Check to see what the mortgagor cited as his/her source of title.
You co-signed a mortgage for property you don't own. Can a lien be placed on that property for your own personal debt?
No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.No. If you are a co-signer on a mortgage for property that you don't own your personal creditor cannot place a lien against that property for your personal debt. If the creditor does record a lien in the land records it will have no effect if you have no ownership interest in the property.
Is a fence real or personal property?
A fence is real property because it is permanently affixed to the land.
What is the difference between real property tax and personal property tax?
There are a few differences between real property tax and personal property tax. First, the term "real" usually involves homes, apartments, or land that a person may own. Personal property tax usually refers to personal luxury items such as jewelry. Additionally, vehicles are not considered "real" property. Real property is sort of land-based property. Another example would be a farmhouse or even a bridge.
