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The executor must be duly appointed by the probate court, and must meet one of the following requirements:

  • Have the power under state law to sell real estate.
  • Have power under the will to sell real estate.
  • Petition the court for a license to sell real estate if neither of the previous powers exist.
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Q: Do other documents need to be recorded if the quit claim is signed by executor?
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Related questions

Can the executor quit claim the property given to the executor?

They can do whatever they wish with their rights and property.


Are executor expenses tax deductible?

they are not a deductable amount. You can claim expenses as an executor against the estate funds. However, if you do claim executor expenses against the amount of the estate they are taxed as income for the person claiming them.


How can a creditor collect monies owing from a deceased estate when executor ignores claim?

File the claim with the court where the probate has been filed. If the claim is ignored then speak with someone at the court about a motion to compel the executor to pay your claim.


Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?

They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.


What happens to the assets due to an executor if the executor of a will dies?

They become part of his estate. The executor of his estate would file the claim against the first estate.


Can an executor file a claim against the estate in Kentucky?

Yes, an executor can file a claim against the estate in Kentucky if they believe they are owed money or assets from the estate. However, they must act in good faith and comply with all legal requirements and procedures for making a claim against the estate.


What rights does an executor have to claim the deceased ashes from a family member who is withholding them?

Can I claim my fathers ashes


What do you do if the other party claims they did not sign the quik claim deed basically saying it was fraud?

That's why most documents like that are signed in the presence of a notary or lawyer, depending on the State.


How do you claim money from your deceased mother?

If it is a debt, you file the claim with the executor. Otherwise you should receive your inheritance when the estate is resolved.


Can executor get money back from out of pocket expense?

The executor can make a claim against the estate for expenses. The probate court will have to approve. The expenses have to be reasonable and normal.


Can a person be an executor to the estate he owes money to?

Yes. Nothing prohibits a testator from choosing a person as his or her executor simply because there is a debt between them. In the matter of who is to be the executor, courts go to great lengths to honor the wishes of the deceased. The beneficiaries will be able to challenge in court the manner in which the executor handled repayment. An executor might be held to a higher standard of proof if he or she disputes the claim in full or in part than any other creditor might be held to. In other words, although it appears that there is a conflict of interest in the executor handling his/her own claim, there are remedies available to beneficiaries to ensure proper handling of that claim that do not thwart the decedent's personal choice of the person to be the executor.


How do you file claim against mother's estate?

File the claim with the executor of the estate. It should include receipts and other appropriate documentation.