No, you will need to take a copy of the property deed, death certificate, and will to a Title Agency and have the deed transferred in your name. You will also need to wait till the closure of the probate period as someone can make objections to the court, that could be costly if the court invalidates the will.
ClarificationYes, as long as the executor has been appointed by the court and follows the rules for the sale of real estate. Any estate that has real estate must be probated.
When a person dies owning real estate their estate must be probated in order for legal title to pass to the heirs or for the property to be sold. There are many variables to consider. If your last parent to die owned the property by survivorship then their estate must be probated. A personal representative (executor) will be appointed. The PR can sell the real estate if they were given that power in the Will. If there was no Will or if there was no such power granted in the Will, the PR must petition the probate court for a license or court order to sell the property. Only under those conditions can the PR execute a valid deed.
On the other hand, the family could wait until the probate has been completed and they are the legal owners and then they can execute a deed to sell the property. That deed should be drafted by an attorney who will know how to draft a proper deed for the jurisdiction and also how to include the source of title properly.
Yes, an executor can sell a house that is still in the deceased parent's name in the state of Georgia. The executor would need to go through the probate process to obtain the legal authority to sell the property on behalf of the estate.
Yes, the executor has the authority to manage and oversee the sale of a house in a deceased estate. The executor is responsible for handling the deceased person's assets, including the sale of property, according to the terms of the will or state laws if there is no will. The executor must act in the best interest of the estate and its beneficiaries.
Yes, you can sue a deceased person's estate through a legal process known as probate. In such cases, the executor of the deceased's estate would handle any legal claims against the estate. It is important to consult with a lawyer to understand the specific procedures and requirements for pursuing a legal claim against a deceased person's estate.
In New York State, the legal age to be an executor of an estate is 18 years old. Any adult over the age of 18 can serve as an executor to manage and distribute the assets of an estate according to the deceased's wishes.
Yes, an executor of a will in Queensland is also considered a trustee. The executor's role includes managing the deceased's estate and distributing assets to the beneficiaries in accordance with the terms of the will, which involves acting in a fiduciary capacity similar to that of a trustee.
A grant of probate is a legal document issued by a court that confirms the validity of a deceased person's will and gives authority to the named executor to administer the estate according to the terms of the will. It allows the executor to collect and distribute the assets of the deceased individual in accordance with the law.
The executor now controlling the estate has to do the transfer but if they had an executor, there is probably also a will, attorney, and a beneficiary (ies)
That is their responsibility in all states. They represent the estate in the sale of the estate's property. They will need a letter of authority to do so.
If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.
No it's the person that is paying for the funeral or an executor of the deceased's estate.
In the state of Illinois, if a person whose parents are deceased has been named executor of their estate, yes, all of their financial information will be given to the living executor upon request.
They follow the instructions of the deceased has laid out in their will.
The executor of the estate.
Certainly. Anyone can be named an executor of an estate, whether related to the deceased or not.
The executor of the estate is able to sell assets of the estate.
If there is a will, the executor makes all mortgage payments from the estate of the deceased.
The executor of the estate files the tax return for the deceased.
If there is a will then the person to be executor is appointed by the will. If there is no will or the executor is dead then you need to go and see a solicitor about how to proceed. If the estate is very small there may be government advice on how to proceed (solicitors will charge) - there are usually rules about how to deal with estates below a certain value.