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The fact that there is a car to be transferred means there is an estate. By this I mean there is an asset in the name of the decedent alone and that asset constitutes the estate of the decedent. If no one has come forward or wants to come forward to probate a will or to have letters of administration granted to begin estate administration, then the person who is legally entitled to the car has a right to apply to the probate court for probate of the will (if there is one) and for appointment of an executor. That person also has a right to apply for letters of administration if there is no will. The rule here is that if a named executor does not want to do anything or if the family members entitled to be administrators do not want to do anything, then any person with some interest in the estate may apply to the probate court for appointment of the appropriate type of personal representative who will have the power to transfer title.
Additional InformationIn most jurisdictions there is a simplified procedure for small estates. In Massachusetts it's called a Voluntary Administration and is used specifically to transfer ownership of a car. It is quick and inexpensive and does not require all the filings and expense of a regular probate process. Even if the decedent had a will it can be filed with the VA if there is no other property in the decedent's name. Check with your local probate court for the simplified probate procedure in your jurisdiction.If there is other property in the name of the decedent and it's not a small estate then his estate must be probated. The property will pass according to the will or the state laws of intestacy if there is no will. Once an executor or administrator has been appointed they will have the authority to transfer the title to the appropriate person.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoThe estate must be probated in order for title to pass to the heirs. Until the estate is probated no one has the the right to transfer the title. You should consult with an attorney who specializes in probate.
Wiki User
∙ 13y agoIf the owner died owning the property their estate must be probated in order for their property to pass to heirs. You should consult with the attorney who handled the estate about drafting a new deed.
If the property was owned by a survivorship deed the decedent's interest automatically passed to the Survivor and all you need to do is record a death certificate in the land records. If you want to have a deed in your name then you should contact an attorney who specializes in real estate who can draft a proper deed for your jurisdiction.
Wiki User
∙ 11y agoThe decedent's estate must be probated if they were the sole owner of the property. You should consult with an attorney who specializes in probate law.
If the decedent was a joint owner in a deed with the right of survivorship the surviving tenant only needs to record a death certificate in the land records to clear the title.
The decedent's estate must be probated if they were the sole owner of the property. You should consult with an attorney who specializes in probate law.
If the decedent was a joint owner in a deed with the right of survivorship the surviving tenant only needs to record a death certificate in the land records to clear the title.
The decedent's estate must be probated if they were the sole owner of the property. You should consult with an attorney who specializes in probate law.
If the decedent was a joint owner in a deed with the right of survivorship the surviving tenant only needs to record a death certificate in the land records to clear the title.
The decedent's estate must be probated if they were the sole owner of the property. You should consult with an attorney who specializes in probate law.
If the decedent was a joint owner in a deed with the right of survivorship the surviving tenant only needs to record a death certificate in the land records to clear the title.
Wiki User
∙ 11y agoThe decedent's estate must be probated if they were the sole owner of the property. You should consult with an attorney who specializes in probate law.
If the decedent was a joint owner in a deed with the right of survivorship the surviving tenant only needs to record a death certificate in the land records to clear the title.
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What does the term dowager mean?
A dowager is a widow who inherited a title or property on the death of her husband.
What does heir mean about history?
heir means - to receive property or title on the death of another person.
Who has the legal title of the property in a trust?
Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.
What if a death certificate isn't recorded for the life tenant?
You must record a death certificate to clear the title. If the life tenant is deceased there is a cloud on the title until proof of their death is recorded in the public records. You cannot sell or mortgage the property until the death certificate is recorded.
How do you remove a life estate from the deed and title?
The title to the property can be cleared by recording a copy of the death certificate in the land records.The title to the property can be cleared by recording a copy of the death certificate in the land records.The title to the property can be cleared by recording a copy of the death certificate in the land records.The title to the property can be cleared by recording a copy of the death certificate in the land records.
How do you find homeowner name of a title on property?
Property title search
If a parent adds a child to the title of their home before death does the property go directly to that child at the time of the parents death?
Yes. If and only if the parent transfers the property to self and the child as joint tenants with the right of survivorship.
How do you add a spouses name to a deed and make sure it goes to your child from a first marriage at their death?
You can't do both. You need to consult with an attorney who can review your situation and explain your options. You cannot add your spouse to your property title and also have the property pass to your children upon your death. Once your spouse is added to the title they own their own interest. You should inquire about a life estate. You need legal advice.You can't do both. You need to consult with an attorney who can review your situation and explain your options. You cannot add your spouse to your property title and also have the property pass to your children upon your death. Once your spouse is added to the title they own their own interest. You should inquire about a life estate. You need legal advice.You can't do both. You need to consult with an attorney who can review your situation and explain your options. You cannot add your spouse to your property title and also have the property pass to your children upon your death. Once your spouse is added to the title they own their own interest. You should inquire about a life estate. You need legal advice.You can't do both. You need to consult with an attorney who can review your situation and explain your options. You cannot add your spouse to your property title and also have the property pass to your children upon your death. Once your spouse is added to the title they own their own interest. You should inquire about a life estate. You need legal advice.
Can you change the names on a mortgage loan?
Not without refinancing the existing loan and changing the names on the title to the property..
Need clear property title 4 names on title 1 deceased 1 divorced -have Quit Claim and 2 living kids Why won't title company give clear title with death certificate?
There is a special form (ask title company) that you have to have filled out (its easy) and then have it notirized (wr. spelling, sorry) You take that with the org. death certificate to the recorders office where the property is located . I did this two weeks ago and they cleared it the same day. The answer depends upon how the four owners held title.
How do you add your name to deed when your grandparents have died?
You don't, only the owners of the property can change the deed. In this case, the executor of the estate will have to change the title.
How do you re-register joint property upon death of a spouse?
If the property was owned as joint tenants with the right of survivorship the decedent's interest automatically passed to you. All you should need to do is record a death certificate in the land records to clear the title.
