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NO, the Court must clear the Probate with an Order of Formal Administration prior to selling the home.

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โˆ™ 2006-03-11 05:17:43
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Q: Can the personal representative sell the deceased's house if the estate is still in probate?
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How do you access your deceased father's bank account in order to pay for funeral expenses?

You must petition the probate court to be appointed the personal representative for his estate.You must petition the probate court to be appointed the personal representative for his estate.You must petition the probate court to be appointed the personal representative for his estate.You must petition the probate court to be appointed the personal representative for his estate.


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.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.


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.


Is a personal representative the same as an executor?

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.


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.


How do you remove a personal representative of an estate?

Consult a probate attorney for assistance. You can apply to the court to appoint a new representative. Most likely it will be a neutral party, an attorney or bank, that will be paid by the estate.


Can personal representative sell property without grantees signature?

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.


How can you find the personal representative of a deceased estate?

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.


What fee can an executor of an estate charge in South Carolina?

Taken from the South Carolina Probate Law SECTION 62-3-719.Compensation of personal representative.(a) Unless otherwise approved by the court for extraordinary services, a personal representative shall receive for his care in the execution of his duties a sum from the probate estate funds not to exceed five percent of the appraised value of the personal property of the probate estate plus the sales proceeds of real property of the probate estate received on sales directed or authorized by will or by proper court order, except upon sales to the personal representative as purchaser.The minimum commission payable is fifty dollars, regardless of the value of the personal property of the estate.(b) Additionally, a personal representative may receive not more than five percent of the income earned by the probate estate in which he acts as fiduciary. No such additional commission is payable by an estate if the probate judge determines that a personal representative has acted unreasonably in the accomplishment of the assigned duties, or that unreasonable delay has been encountered.(c) The provisions of this section do not apply in a case where there is a contract providing for the compensation to be paid for such services, or where the will otherwise directs, or where the personal representative qualified to act before June 28, 1984.(d) A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.(e) If more than one personal representative is serving an estate, the court in its discretion shall apportion the compensation among the personal representatives, but the total compensation for all personal representatives of an estate must not exceed the maximum compensation allowable under subsections (a) and (b) for an estate with a sole personal representative.(f) For purposes of this section, "probate estate" means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy. This subsection is intended to be declaratory of the law and governs the compensation of personal representatives currently serving and personal representatives serving at a later time.


Who can sell the property of a decedent in an estate sale?

The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.


Can you put a lien on someones house who is holding back an inheritance?

No, you must file a motion with the probate court if an estate representative is "holding back" on an inheritance. The court has the power to compel an estate representative to act responsibly or replace one who doesn't.No, you must file a motion with the probate court if an estate representative is "holding back" on an inheritance. The court has the power to compel an estate representative to act responsibly or replace one who doesn't.No, you must file a motion with the probate court if an estate representative is "holding back" on an inheritance. The court has the power to compel an estate representative to act responsibly or replace one who doesn't.No, you must file a motion with the probate court if an estate representative is "holding back" on an inheritance. The court has the power to compel an estate representative to act responsibly or replace one who doesn't.


Is a personal representative liable for the decedent's debts when there is no estate?

The personal representative is not responsible for the debts. The estate pays the debts.


How do you get a deceased daughter's money from her bank?

You must become the personal representative of her estate through the usual probate process in your state. Then you will have legal authority to collect all assets that belong to her. A personal representative is either an executor (if there is a will) or administrator (if there is no will).


What makes you a legal personal representative?

It may depend on the situation being referred to. A legal personal representative could be an individual acting under a Power of Attorney issued by by the grantor. - or - A legal personal representative could refer to the individual acting under the authority of the probate court as the Executor of an estate .


Will a real estate contract be vaild if the owner dies before closing in Georgia?

The contract will be valid. Generally, the death of the seller will delay the closing until a probate procedure is filed and the court allows the sale of the real estate by the estate representative.The contract will be valid. Generally, the death of the seller will delay the closing until a probate procedure is filed and the court allows the sale of the real estate by the estate representative.The contract will be valid. Generally, the death of the seller will delay the closing until a probate procedure is filed and the court allows the sale of the real estate by the estate representative.The contract will be valid. Generally, the death of the seller will delay the closing until a probate procedure is filed and the court allows the sale of the real estate by the estate representative.


What are the steps to take if a parent dies without a will what should you do first?

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.


How do you sue the estate of a deceased person?

You have the duly appointed estate representative served with the lawsuit. You can find that information at the probate court.


How do you sue an estate of a deceased person with no will?

You have the duly appointed estate representative served with the lawsuit. You can find that information at the probate court.


What information is needed by the personal representative or the probate lawyer to determine who the heir is?

A last will and testament is needed to probate an estate and determine who the heirs are. If there is no will the property will be distributed according to the laws of intestacy. You can check the laws in your state at the related question link.


How long is a personal representative allowed to represent an estate?

Appointment as a personal representative is valid until the estate is closed with the court. Closing of the estate will take at least 4 months, but can take decades. The court also as the ability to remove a personal representative or executor at any time.


What is the difference between a personal representative and a beneficiary?

The personal representative speaks for the estate and acts on its behalf. A beneficiary is someone that is expected to receive a bequest from the estate. They can be the same person.


Can a sibling and her husband and one of their three sons file a wrongful death suit without notifying the mother and other sister of the deceased who really took care of tlhe deceased?

If the decedent was not married and had no children then the parents would be the legal next of kin and have legal standing to file a lawsuit on behalf of his estate. They should open a probate of his estate and obtain appointment as his personal representative. One sibling, her husband and son would not have the legal standing to sue.The parent should consult with an attorney who specializes in probate.If the decedent was not married and had no children then the parents would be the legal next of kin and have legal standing to file a lawsuit on behalf of his estate. They should open a probate of his estate and obtain appointment as his personal representative. One sibling, her husband and son would not have the legal standing to sue.The parent should consult with an attorney who specializes in probate.If the decedent was not married and had no children then the parents would be the legal next of kin and have legal standing to file a lawsuit on behalf of his estate. They should open a probate of his estate and obtain appointment as his personal representative. One sibling, her husband and son would not have the legal standing to sue.The parent should consult with an attorney who specializes in probate.If the decedent was not married and had no children then the parents would be the legal next of kin and have legal standing to file a lawsuit on behalf of his estate. They should open a probate of his estate and obtain appointment as his personal representative. One sibling, her husband and son would not have the legal standing to sue.The parent should consult with an attorney who specializes in probate.


Can you file for probate years after person death?

Yes. Generally that occurs when the decedent owned real property. Title to real property cannot pass to the heirs until the estate has been probated. In the case of personal property, only such property that remains can be distributed through a probate procedure. If the decedent owned such property as bank accounts or other valuable personal property, an interested party can petition the probate court to be appointed the personal representative of the estate whether the decedent died with or without a Will. The personal representative will obtain the authority to distribute any property according to state laws of intestacy or according to the Will if the decedent died testate.


What are the heirs rights in Missouri if there was a will and the will is not being followed by the estate representative?

The estate representative should be reported to the probate court immediately for abusing their authority. They should be removed and a new executor should be appointed.


Do heirs in the State of Colorado have a right to see the bank statements of an estate if the Personal Representative will not provide that information?

The beneficiaries of an estate are entitled to see a full accounting of the estate's assets. Petition the probate court for the records, which they are required to file with the court.