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.
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.
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.
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.
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.
NO, the Court must clear the Probate with an Order of Formal Administration prior to selling the home.
For practical purposes, yes. An executor is someone who administers an estate of a person who left a valid Will. An administrator is someone who administers an estate of a person who did not leave a valid Will. The term "personal representative" described both an administrator and an executor.In the United States the term personal representative is used in the Uniform Probate Code to refer to the person authorized by the Probate Court to settle the estate of a decedent. As states adopt the Uniform Probate Code the term personal representative is becoming more common.
The court must ascertain that all the requirements set forth in the probate laws have been met. The Will must be deemed valid and the court must confer legal authority upon the personal representative before they can act.
Whomever obtains the letter of authority from the probate court.
You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.
Visit the probate court in the jurisdiction where the decedent lived and check to see if a probate was filed. You can review the file to see who was apppointed.
The standard time for probate on wills depends on how far one lives from their personal representative you are. So it could be a few days to a couple of weeks.
Yes, a will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
A legal personal representative is typically named in a person's will, trust, or appointed by a court to manage and distribute the deceased person's estate. To be a legal personal representative, one must have the legal authority granted by the deceased's estate planning documents or court order to act on behalf of the deceased person and carry out their wishes.
In South Carolina, an executor is typically entitled to a "reasonable" fee for their services. This fee is usually based on a percentage of the estate's value, typically ranging from 1-5%. However, the specific amount can be determined by the probate court if there is a dispute.
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.
Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.
The first step is to hire an attorney who specializes in probate who can assist you in petitioning to be appointed the personal representative of the estate.