0
Can property be sold by one individual if he is not appointed as executor or administrator of property?
Wiki User
∙ 9y ago
He has no right in the property. He has no legal ability to convey title. Only the executor has that right.
Wiki User
∙ 9y ago
Add your answer:
Earn +20 pts
What is the name of the person who effects the transfer of real property when a person dies?
When a person dies the court must appoint a person with authority to settle the estate. The real property can then be transferred by the executor of the Will or the court appointed administrator of the estate if the decedent died intestate (without a Will). Generally, the executor may have granted the authority to sell the property in the Will. Otherwise the executor must obtain a license to sell from the court. If the decedent had no Will then the court must appoint an administrator who must obtain a license to sell the real estate from the court. In some jurisdictions the person appointed by the court is called a personal representative or estate representative.
Who can represent the decedent if no estate is opened?
If there are any assets then the estate must be probated. You need to check the laws of your state to determine who can petition to be appointed the executor or administrator of an estate. Generally, it must be a family member, an otherwise interested party such as a non-related devisee (beneficiary in a will) or a creditor. If no person comes forward and there is property a public administrator can be appointed and the property would escheat to the state.
What can the executor do between the death of your farther and before appointed exector Can they empty out there house?
Absolutely not. An "executor" has no power or authority until they have been appointed as the executor by the court. The most anyone should do until then is to secure the property and collect important records that will need to be turned over to the court appointed executor.
My mother inherited land on which she pays the taxes does she own the property?
Your mother is not the legal owner of real property until the estate is probated. If there was a will then the will must be presented to probate court and an Executor must be appointed. If there was no will then an Administrator must be appointed. Legal title to real property cannot pass to the heirs until the deceased owner's estate has been duly probated.
Executor of moms will has not sold property after four years can she keep everything for herself?
Generally, an estate that has real estate must be probated in order for title to the real estate to pass to the heirs legally. If the executor has not filed the will for probate then you should contact an attorney and petition the court to be appointed the administrator of the estate as though there was no will. That way you can set things in motion. If the executor doesn't produce the will, you will be appointed the administrator and will have the authority to settle the estate. The property will pass according to the state laws on intestacy to your mother's heirs-at-law and you would eventually get your share. You should schedule a consultation with an attorney who specializes in probate law ASAP.
What recourse does one have if the person named as executor in a will did not get court appointed before removing property from a home?
You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.
How can I dispose of the clothing for an estate?
You would be better to leave all property disposal to the estate's administrator or executor.
How do you sell a home without probate?
If the owner died their estate must be probated in order for title to vest in the heirs or for the estate fiduciary to have the legal power to sell. If they left a will (testate), the will must be allowed and an executor appointed. If they died intestate an administrator must be appointed. The administrator of the estate can obtain a license to sell the property from the court. The executor can obtain a license to sell if there is no authority to sell in the will. However, the debts of the decedent must be paid before any property is distributed to the heirs.No one has any authority over the property until the estate is probated so until then, no one can give a valid deed.
Can an executor transfer the decedent's property into their own name under a executor deed?
You haven't included enough detail. Self dealing by a fiduciary is against the law.The executor must be appointed by the court and then must follow the provisions in the will and state probate laws. The provisions in the will should include what to do with the real estate. In order for an executor to transfer title to real estate they must have that authority granted in the will. If the authority was not granted by the testator the executor must apply for a license to sell the real estate and before it grants the license to sell the court will examine the proposed transfer.
Can you sell property with an Executor's Deed?
Yes but it must be done by a duly court appointed executor and according to state laws.Yes but it must be done by a duly court appointed executor and according to state laws.Yes but it must be done by a duly court appointed executor and according to state laws.Yes but it must be done by a duly court appointed executor and according to state laws.
Who is responsible for registering property left in a will?
The executor or personal representative named in the will is responsible for registering property left in a will. They are responsible for transferring the assets from the deceased owner to the intended beneficiaries according to the wishes outlined in the will.
If you are handling someone estate do you pay the debts?
In order to "handle someone's estate' you must be appointed by the probate court as executor if there is a will, or as administrator if there is no will. Once appointed then you have the authority and obligation to pay the debts of the decedent from any assets owned by the decedent. The debts must be paid before any property can be distributed to the heirs.
