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If real property is involved the estate must be probated in court in order for legal title to pass to the heirs. Once the estate has been probated, the heirs can convey their interest in the real estate to whomever they wish. The property could also be sold by the court appointed administrator of the estate by a license to sell real estate issued by the probate court.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoGenerally, no. The heirs cannot individually sell their interests until the estate has been probated. The estate must be probated in order for legal title to the property to vest in the heirs. Once title has vested, the heirs can execute deeds that transfer their interests.
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How is the probate estate maintained?
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.
In Missouri are heirs entitled to know what other heirs received?
Probate records are public. Anyone can request the file and read through to see how the estate was distributed.
Do the contents of a house have to go through probate if the house was left to you in a Life Estate Deed?
You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.
Are heirs individually responsible for mishandling estate?
The heirs aren't the persons with the authority to "handle" an estate at all. If a person died owning property their estate must be probated, an estate representative must be appointed and the debts of the estate must be paid before any property is distributed to the heirs. Probate laws govern the distribution of a decedent's estate regarding creditors and heirs. If the court appointed estate representative mishandles the estate they are held personally responsible. If heirs convert assets to their own use, with or without the appointment of an estate representative, the "heirs" are held personally responsible and may find themselves in court for taking the decedent's property and not paying the creditors and/or the other heirs.
Can a person live rent free on property in probate in the state of Texas?
It will depend on the situation and the assets of the estate. If there are no other heirs, there is usually not going to be a problem.
You are the named executor of your mother's will and she left land but no cash who is responsible for the cost of probate?
Your mother' estate must be probated. You are not the executor until the will has been reviewed and allowed by the probate court and you have been appointed by the court. Title to the real property cannot pass to her heirs until the estate is probated. Your mother's debts must be paid before any property can be distributed to the heirs. If there are debts and no cash to pay them then the executor must sell the real estate to pay those debts. If the heirs want to keep the real estate then they will need to share the cost of probate . . . it benefits them. You need to consult with an attorney who specializes in probate law who can review your situation and explain to you and the other heirs what your options are under the law in your jurisdiction.
I am the Executor of my father's will which has been probated in the state of Ga Is there a time limit to when I need to sell the estate home I heard 3 years from the date my father passed away?
The time limit to sell the estate home can vary depending on state laws and the specific provisions of the will. In Georgia, there is no specific time limit to sell the estate home after probate, but it is advisable to do so as soon as feasible to prevent any complications. Consult with a probate attorney in Georgia to understand the specific obligations and timelines in your case.
Can an heir take out a loan against an estate in probate if the other heirs object?
An heir to an estate that is in probate can receive an "advance" against his or her beneficial interest in the estate. Because the "advance" only affects that heir's share, it can be done without the consent of the other heirs. Most of these transactions are structured as purchase agreements, not interest bearing loans. The advances are also "non-recourse" meaning that if the heir does not inherit enough to pay off the advance, the heir has no legal responsibility to repay it.
Can a grandaughter start probate procedures if no one else steps up to do it?
Yes, as an heir, she can apply to have an estate opened. Debtors, other heirs and beneficiaries also have the right to apply.
What can you do about your sister refusing to let you know if your dad had a will when he died?
By law, his will (and even if he died without a will) his estate must be presented to court for probate. When that occurs you, and all other heirs, will be notified.
How does an estate adminstrator buy out other beneficiaries?
The estate has to be completely inventoried. Then an independent appraiser has to provide a valuation of the assets. Once that is done, the executor can reach an agreement with the other beneficiaries. At that point he can petition the court with a buyout offer. If there is any feeling of something being inappropriate, consult a probate attorney.
What happens if spouse does not file will with probate in Ohio?
If the testator owned any property in her/his own name at death the estate must be probated. If the testator left any bequests to any other heirs it is illegal for the surviving spouse to withhold the will from probate. If all the property owned by the couple was jointly owned with the right of survivorship and there was no personal property devised to any other heirs then the estate need not be probated. If you're not sure you should consult with an attorney who specializes in probate who could review the situation and determine what your obligations are.
