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Yes. Laws vary so you need to check the laws in your jurisdiction. Generally, an administrator of an estate, once they have been appointed by the court, can request a license to sell the real estate. In fact, generally, the administrator must obtain a license to obtain the authority to sell.
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How do you become executor of estate if there is no will?
Go to the probate court and ask to be appointed the executor. In most places there is a simple couple of forms to fill out, including a listing of all possible beneficiaries. Aggie80 Probate Attorney
Your mom died with no will how do i become responsible for her estate?
You go to your local probate court and inquire about being appointed the Administrator of the estate. You should bring a certified copy of the death certificate with you. You should have received one from the funeral home that handled the burial. If not, then you can obtain a copy at the town clerk's office.You may find that you need to hire an attorney who specializes in probate to handle the estate for you. She/he could help you petition to be appointed the Administrator.
Can the registered owner of a mobile home on private property that is in probate be evicted from the mobile home by administrator?
That sounds pretty harsh and unnecessary. You may need to consult a lawyer.
Who is responsible for expenses while a home is in probate?
The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.
Can a claim be submitted for repairs if the homeowner is recently deceased and the home is in probate?
The estate is responsible for the maintenance of the property. The administrator or executor of the estate can submit a claim on behalf of the estate.
You are an administrator for an estate can you make a home equity for the estate?
Generally, you need a license from the court to mortgage the property.
Can you sell a home if you are the administrator?
Generally, in most states in the US, an administrator must obtain a license to sell the real estate from the court. You should consult with the attorney who is handling the estate.
How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?
When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.
Can one of two executors purchase the home and land from the beneficiaries with his inheritance before the estate is settled?
Yes, the administrator of an estate may purchase a home from the estate; however, that type of transaction is inherently a conflict of interest and would have to be approved by all beneficiaries having an interest in the property or by the probate court. Obviously a person buying a house wants to pay as little as possible to buy a house; but, the administrator has a fiduciary duty to receive as much as possible when selling the house. Usually, the administrator gets the consent of all beneficiaries to the transaction. They agree in advance that the sale price is satisfactory and that they have no objection to the administrator buying the house at that price. Sometimes administrators are required to apply to the probate court for the authority to sell the house and for permission to buy it. The administrator would have to prove to the court that the transaction is fair and above board. The beneficiaries would have an opportunity to raise objections if they object to the purchase price. If the administrator has no ownership interest in the property, he cannot force the beneficiaries to sell the house to him/her.
Can you list home for sale and accept offer subject to probate?
This depends on several factors, being primarily a combination of the language of the applicable will (if any) and applicable probate code or laws. So the will (if any) and applicable probate code or laws must be examined. In a traditional probate case under court supervision, the representative (executor or administrator) will normally be required to seek court authority to list property for sale and then if and when a contract that is acceptable comes in, to seek court approval to proceed with the sale, or an order can be entered that could allow both liting and sale without further order if a purchase price comes in within a specified price range. In this kind of probate case, it may be absolutely necessary to make the contract for sale contingent upon probate court approval (within an agreed amount of time), to protect the representative and the estate from a situation where a court disapproves a sale. Most states also have one or another kind of "streamlined" probate procedure, sometimes called "summary" or "independent" administration, depending on other factors (although by law a will may still be able to prohibit it). Under this kind of administration, as long as the representative is acting within the standards set up by the code, then the representative may be able to proceed with a listhing and sale without court approval and simply report the sale to the court at the prescribed time. Even so the representative can usually still ask the court for instructions on a particular matter, in which case the court's decision governs. Again, the will, if any, and applicable probate code and laws must be examined. There may be additional factors that mandate "supervised" administration of a particular property.
Can anyone live in a home that is currently in probate?
Typically, probate properties are owned by the deceased and are undergoing the legal process of distributing their assets. Depending on local laws, it may not be possible for someone to live in a home in probate unless they have legal authority to do so, such as being named as the executor of the estate or obtaining permission from the court. It's best to consult with an attorney or legal professional to understand the specific rules and requirements in your jurisdiction.
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
