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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.

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17y ago
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8y ago

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.

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Q: How do you transfer the deed of a deceased parents home in Texas that is valued less than 50k into your name without going to probate.?
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How do you transfer the title of your deceased husbands vehicle to your name without probate when it is a lien title?

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).


Does every will of a recently deceased person have to be probated?

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.


How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?

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.


When owners of property passes with no Will made will estate go into probate?

Without a will the property must go into probate. There is no other way to transfer the property.


Father died without will was not married or had minor children Had no property or only a car and a motorcycle worth no more than 1000 How do we transfer ownership without estate?

There may be an abbreviated process that allows transfer of title without having a formal probate process. Check with your local probate court.


If a property is owned by the daughter and the deceased mother is that considered the deceased estate?

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.


In California the estate of a deceased individual needs to exceed what amount before a probate filing is required?

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.


How can you find the will of a deceased relative?

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.


How can someone find out what a deceased assets are in probate without contacting the executor?

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.


What are probate properties?

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.


Can a title be changed when the owner is already deceased?

Not without a court order. You will have to have the court approve any title changes through the probate process.


How do you find out who the executor of your grandmas unclaimed money is when she did not have a will?

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.