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Can mineral rights from estate be passed on to heirs through probate immediately following the demise of the owner?
Wiki User
∙ 13y ago
In the United States
Mineral rights are attached to and run with the real estate. Although equitable title to real property passes to heirs immediately upon death, generally, the estate must be probated in order for legal title to pass to the heirs. That means the heirs cannot legally sign a deed or contract to sell or lease mineral rights until the estate has been probated.
Wiki User
∙ 13y ago
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Do you have to go through probate if there is a living will?
A living will relates to the nature and extent of health care services that will be provided to you near the end of your life. Probate is the process of settling your estate following your death. Whether or not you have to go through probate after death depends on the nature and extent of your estate and the nature of your testamentary instruments. For more details see the following link: http://sandiegoestateplanningblog.blogspot.com/2010/02/do-you-have-to-go-through-probate-if.html The answer to this question is for educational purposes only and does not create an attorney-client relationship. You must consult with an attorney about the specific facts and circumstances of your case.
Does the life estate prohibit the land from going through probate process?
No, the life estate does not prevent it from going through probate. The probate process lays out the deed as to who is the remainder man for the estate.
Do retirement benefits need to go through probate?
No, retirement benefits typically do not go through probate. The beneficiaries have to be named on the benefits.
If you have a will and deceased owned a house that you live in does it have to go to probate?
Yes, the proper way to change the property ownership is through the probate process.
Can you get a copy of fathers will if not gone through probate?
No. A will doesn't become public until it is filed for probate.
If there is a will does propery go through probate?
Yes a will requires probate. Which means the property will be part of the process.
When a child dies by negligence of hospital can a parent be the power of attorney for the estate?
No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.
Does a will in Arizona have to go through probate?
Yes, a will has to go through probate. That insures that the will is properly executed. It also makes sure that taxes are properly paid.
In Illinois what makes a will go to probate?
The fact that the will exists. All wills need to go through probate to allow proper distribution, evaluation and paying of taxes.
How is an estate settled?
Through the local Probate Court
Do you have to go through probate if there is no will Wisconsin?
You might or maybe not
What happens if your dad dies without a will and only a portion of his property was put through probate?
Answer: The probate would need to be reopened.
