answersLogoWhite

0

Do you need to have your home probated?

Updated: 8/17/2019
User Avatar

Wiki User

15y ago

Best Answer

If the home is included in the deceased's will, yes, it will pass through probate - however it is NOT NECESSARY to have it probated if it will automatically pass to the Survivor (if any) named on the deed/title.

User Avatar

Wiki User

15y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Do you need to have your home probated?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

How can you get a deed for a house if the owners dead?

The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.The owner's estate must be probated and you would need to get a deed from the court appointed estate representative.


Is a will the same as a sale deed?

No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.


Is it illegal to live in a house with a deceased person's name on the deed?

No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.


Do all estates need to be filed in probate?

They need to be probated so that any issues and claims can be determined and settled.AnswerYes. If the decedent owned any property their estate must be probated. The title to real property cannot pass to the heirs legally until the estate is probated.


How do you transfer title to home in name of an estate to an individual if will never probated?

When a person dies owning real estate their estate mustbe probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.


If Mother died without a will owned a home and no other debts can children live in home without going to probate if everyone agrees?

Mother's estate must be probated in order for title to the real estate to pass to the heirs. You should contact an attorney. Until the estate is probated there is no legal owner. That can be especially troublesome if you need homeowner's insurance.


How can 2 estates be linked together?

No. Each must be probated separately.No. Each must be probated separately.No. Each must be probated separately.No. Each must be probated separately.


Where do you get a copy of a deceased's will?

If the will was probated you can obtain a copy at the court where the will was probated. If it was not probated you must request a copy from the person who has the will in their possession.


Who can get copy of probated will in NJ?

A probated will is a public document. Anyone can obtain a copy.A probated will is a public document. Anyone can obtain a copy.A probated will is a public document. Anyone can obtain a copy.A probated will is a public document. Anyone can obtain a copy.


How can a family member buy the house after the single home owner dies?

The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.


If a resident of Florida has a will that was written in Tennessee does it need to be probated in Florida?

Yes. The will has to be probated in the state where the decedent resided at the time of death. Most states allow a foreign will as long as it meets the legal requirements of the state in which it was executed. If the decedent owned property in any other state the Will must be probated in the other states as well.


There is no name on the deed and someone owns 50 percent of the property and half was devised by the Will. What should you do?

The estate must be probated. You need to consult with an attorney who specializes in probate and take the will with you. Any estate that has real property must be probated.