0
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Wiki User
∙ 10y ago
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.
Wiki User
∙ 10y ago
Wiki User
∙ 10y agoYes, 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.
Wiki User
∙ 18y agoNO, the Court must clear the Probate with an Order of Formal Administration prior to selling the home.
Add your answer:
Earn +20 pts
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.
Why must a court appoint a Personal Representative to Probate a Will?
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.
Who is the personal representative of a deceased person with no will in the state of Ohio?
Whomever obtains the letter of authority from the probate court.
How do you become personal representative after husband dies in Indiana?
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.
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 is the standard time for probate on wills?
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.
Do you have to go through probate in Oregon if there is a will that appoints a personal representative?
Yes, a will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
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 .
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.
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.
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.
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.
