Such action is not possible as the probate court must rule on whether the property is subject to partitioning of any sort or is exempted from probate procedure. If the house (or brokerage accounts, or bank accounts, etc) were put into the name of your parent and you, prior to his or her death, as "joint tenants with right of survivorship," then the property would "automatically" become yours upon the death of the other joint tenant.
If your parent died while being the sole owner of real property their estate must be probated in order for legal title to pass to the heirs. The property will pass according to the terms in their Will or according to the state laws of intestacy if there was no Will.
In Ohio (I'm not sure about other jurisdictions), you can transfer the title of 2 vehicles with just an affidavit & the title; you don't have to open and estate with the probate court (that's if the death was AFTER 1996. Prior to 1996, you could only transfer 1 vehicle with no probate).
Probate of a Will is a civil court action for the purpose of the orderly transfer of property from a deceased person's estate to his or her heirs. A Will is a formal document directing how the deceased person's property is to be distributed. If there is no property to distribute, there is no need to probate the Will even if there is one in existence.
When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.
Without a will the property must go into probate. There is no other way to transfer the property.
There may be an abbreviated process that allows transfer of title without having a formal probate process. Check with your local probate court.
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
It depends upon many factors, such as if the deceased died intestate (or without a will), or if the deceased had a trust. It is best to consult an attorney for this matter.
If your relative died with a will in place, the will was processed by Probate Court. Probate Court is NOT only for people who die without a will. Contact the Probate Court where your father/relative died, and they should be able to provide a copy of the will or guide your search.
They can obtain the accounting of the estate provided to the probate court. In the US under the Freedom of Information Act it would be a public record.
These are propterties that belong to the state. These have been acquired during court proceedings. Probate properties are decedent's assets and properties which are held by him or her without proper nomination. To find out all probate properties of deceased person you must first ascertain all non-probate properties.
Not without a court order. You will have to have the court approve any title changes through the probate process.
If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.