answersLogoWhite

0

Does real estate need to be probated?

Updated: 9/19/2023
User Avatar

Wiki User

10y ago

Best Answer

Most definitely real estate has to go through probate. Unless it was held with a right of inheritence, the court has to approve any sale.

User Avatar

Wiki User

10y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Does real estate need to be probated?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Continue Learning about Finance

How do you transfer a deed of a house when the owner dies and there is no mortgage?

The estate must be probated and the title to the real estate will pass according to the provisions of the will or according to the state laws of intestacy if there was no will. Any estate that holds real estate must be probated in order for title to the real estate to pass to the heirs at law. After the probate process is completed the heirs can keep or sell the property and divide the proceeds. The attorney who handles the estate can assist in drafting a new deed in the names of the heirs at the proper time in the probate process if they wish to keep the property. You should consult with an attorney who specializes in probate.


Can your wife give her inheritance that she received from her father to you?

Yes. If the inheritance includes real property she must transfer title to you by a deed after the estate is probated.


Do you need to have a real estate license to own stock in a real estate firm?

is it a publicly traded company


Can a felon apply for real estate license?

If a felon cannot have a real estate license, but a former one can have. As long as they pass all the requirement and mandatory components that they need, they can get their real estate license. It also depends for the state's real estate commission if they will be accepting such cases, for example is on Texas Real Estate License


How do you claim assets of a deceased father with no will?

If your father owned any property at the time of his death then his estate must be probated. If he died without a will then his estate is an intestate estate. (See related question link.) You should contact an attorney who specializes in probate if there is considerable property that includes real estate. For very small estates without real estate most probate courts have an expedited process. If that is the case you should inquire at the probate court in your jurisdiction.

Related questions

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 a owner dies owning real estate that they acquired by a quitclaim deed does their estate need to be probated?

Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.


How do you sign over property left by mother to one sibling?

If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.


how do you remove deceased spouse name on a deed of the now deceased wife?

You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.


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.


Your sister died intestate her children do not want the real property you have been paying the mortgage and would like title to refinance how can you do this?

Your sister's estate must be probated in order for title to the real estate to pass to her next-of-kin. You could purchase the real estate from the estate. Another option would be to purchase the real estate from the children after the estate has been settled. In either case the estate must be probated. You need to speak with an attorney who specializes in real estate and probate law.


Both parents have died and left a will does the estate still have to go through probate?

If they left any property in their own names the estates must be probated in order for title to property such as bank accounts to be changed. An estate of real property must be probated in order for title to pass to the heirs legally.


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.


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.


Would a beneficiary Deed to property be legal in the State of Ga?

Generally, in order for title to real estate to pass to the heirs or devisees the estate must be probated. If a person inherited an interest in real estate a quitclaim deed from them would convey their interest in the property IF the estate had been probated. If the estate was not probated then they are not a legal owner of the property and their deed would convey nothing.


How do you get deceased siblings names off inherited property so you can sell it?

An estate that includes real estate must be probated in order for title to pass to the heirs legally. You should consult the attorney who is handling the estate.An estate that includes real estate must be probated in order for title to pass to the heirs legally. You should consult the attorney who is handling the estate.An estate that includes real estate must be probated in order for title to pass to the heirs legally. You should consult the attorney who is handling the estate.An estate that includes real estate must be probated in order for title to pass to the heirs legally. You should consult the attorney who is handling the estate.