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The debts of the deceased must be paid before any property is distributed. Any proceeds from the sale of real estate must be made available to creditors for a statutory period that varies in different jurisdictions. The estate fiduciary must have the proper authority to sell the real estate. A testator can grant the power to an executor by will. If the power to sell is not granted in the will the executor must petition for a license to sell from the court. An administrator must petition for a license to sell.
Wiki User
∙ 13y ago
Wiki User
∙ 16y agoWhy not? There isn't any problem with it. You may get a good deal on it as well. You should get a clean title with the closing and everything will work well.
Wiki User
∙ 10y agoIt is certainly possible to live in a house in probate. The executor may require that the person pay rent.
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If you have a will and deceased owned a house that you live in does it have to go to probate?
Yes, the proper way to change the property ownership is through the probate process.
If a house hasn't gone though probate is there a time period to retrieving a house that was willed to you?
The house MUST go through the probate process in order for title to pass to you. The will must be presented to the probate court for allowance and the court must appoint an executor. When the probate process has been completed you will be the owner of the property.
Is a deed from the county courthouse of a deceased parents house good enough to stop probate?
A deed does not stop probate from taking place. If the deed had a right of survivorship, then it might prevent the house from going into probate.
What happens when you make a will and in your probate you leave your house to your 4 children but later you change your will to one child having your house but didn't change your probate who gets it?
I'm not sure what you mean by your probate? Your will is the legal document. Probate does not exist until after your death and the court issues the letters of authority.
Can a co executor sell a house that is still in probate and possible a pending forecloser?
With the permission of the court, certainly. And you can't get out of probate until something is done with the house.
If a parent dies can sibling who has looked after them remain in the house even though a will has left the house to be shared between 2 siblings?
* The Will will go into probate first. If a sibling chooses to live in the house then they would have to buy the house from the other siblings and if this is not possible then the house will be sold and monies put into the total Estate.
If your husband die and have no will and you are not on the deed of the house or on the mortgage loan do you have to live and the house or can you leave?
This depends on where you live. Generally the estate will work it's way through probate court and the home will be awarded to someone. In practice, as long as the payments come in a lender may never question who lives in the home.
What if your grandfather leaves instructions in his will that a house is to be left to your father then you- and your father sells the house?
Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.
Can you buy a probate house for any price?
The estate has to sell the house for a fair market price. They cannot sell it at a discount.
Can a house go into foreclosure while it is tied up in probate?
Yes, a house can go into foreclosure if the mortgage is not being paid, even if the property is tied up in probate. It's important to communicate with the lender and the probate court to address the situation and explore potential solutions.
How do you probate your deceased mothers estate when you live in another state?
In many cases the court will allow it. You may have to appear before the probate judge to start the process.
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.
