You need to contact an attorney who specializes in probate and real estate law in the area where the land is located. You may need to file probates for both your parents so that legal title will vest in you. The attorney can review the situation and explain your options.
Probate of a Will is a civil court action for the purpose of the orderly transfer of property from a deceased person's estate to his or her heirs. A Will is a formal document directing how the deceased person's property is to be distributed. If there is no property to distribute, there is no need to probate the Will even if there is one in existence.
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.
The parents' estates must be probated in order for the assets to pass to the heirs legally. You need to consult with an attorney who specializes in probate law in your jurisdiction.
If the estates were properly probated (if necessary) and the real estate is in your name legally then you can sell your property.
They need to be probated so that any issues and claims can be determined and settled.AnswerYes. If the decedent owned any property their estate must be probated. The title to real property cannot pass to the heirs legally until the estate is probated.
If they left any property in their own names the estates must be probated in order for title to property such as bank accounts to be changed. An estate of real property must be probated in order for title to pass to the heirs legally.
Yes. Generally there is an expedited process for small estates. You need to visit the probate court and inquire about the procedure in your jurisdiction. However, if there is real property, the estate must be probated in order for title to pass to the heirs legally.Yes. Generally there is an expedited process for small estates. You need to visit the probate court and inquire about the procedure in your jurisdiction. However, if there is real property, the estate must be probated in order for title to pass to the heirs legally.Yes. Generally there is an expedited process for small estates. You need to visit the probate court and inquire about the procedure in your jurisdiction. However, if there is real property, the estate must be probated in order for title to pass to the heirs legally.Yes. Generally there is an expedited process for small estates. You need to visit the probate court and inquire about the procedure in your jurisdiction. However, if there is real property, the estate must be probated in order for title to pass to the heirs legally.
When an estate is probated the debts of the decedent must be paid before any property is distributed to the heirs. If the decedent had a large amount of debt that can wipe out any money that should have been distributed to the children. You should consult with an attorney who can review the situation and determine if there are any options.
No. Each must be probated separately.No. Each must be probated separately.No. Each must be probated separately.No. Each must be probated separately.
If your father owned any property at the time of his death then his estate must be probated. If he died without a will then his estate is an intestate estate. (See related question link.) You should contact an attorney who specializes in probate if there is considerable property that includes real estate. For very small estates without real estate most probate courts have an expedited process. If that is the case you should inquire at the probate court in your jurisdiction.
Probate court
If the estate was probated 42 years ago the title to the property would have passed to the heirs. An attorney will need to review the file and determine if the property passed under the will or as intestate property. The estates of any heirs who inherited an interest and died during the interim would need to be probated. An attorney should be able to determine what needs to be done so that you can convey good title. You should consult with an attorney who specializes in probate and real estate in your area.