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If there is five heirs to one piece of property then no the 1 heir can not sell it without the others consent. The one heir owns only 1/5 of the property and can only sell his share.
Certainly. The heir's portion will become part of their estate and distributed accordingly.
When a person dies owning property and there are no known heirs the property 'escheats' to the state. If one of several heirs can't be found their portion can be placed in an interest bearing account supervised by the court. If there is real property involved the executor must obtain a license to sell the real estate and the missing heirs portion can be placed in an account as stated above.
quit claim deed prevails
Yes, if one heir wants to sell and the other doesn't, the other must buy out the first heir or that heir can file a petition to sell the property in the probate court. See related question link.
The executor should petition the court for the right to sell the property.
The executor can, but not the heir, it isn't their property.
Not really, but they will have to buy the third persons share of the property from them. The price would have to be a fair market price and approved by the court.
A single heir can only mortgage their interest in the property. For example, an heir with three other heirs only owns a 1/4 interest. Most lenders will not loan money on a proportionate interest in real property.
There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.
The two heirs who did not convey their interest in the property still own their shares and have the right to the use of the whole property. The heir who acquired additional interests owns the property along with the other two all as tenants in common. If the person who resides on the property tried to mortgage or sell it, the title examination would disclose the additional owners and they would need to join in the action.
One who inherits, or is entitled to succeed to the possession of, any property after the death of its owner; one on whom the law bestows the title or property of another at the death of the latter., One who receives any endowment from an ancestor or relation; as, the heir of one's reputation or virtues., To inherit; to succeed to.