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

How long can mineral rights go without being probated in ND They were in a estate in which the lady died in 1989 and never has been probated?

If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.

In Ontario Canada estate law under what conditions can the heir of an estate be held personally liable for the debts of the deceased if the will was never probated?

If they took possession of estate assets, they can be held liable. Taking the estate through probate is done to cut off these sorts of claims.

If property owner is dead and now her only child is dead but was married does her husbman have a life estate of the property even if the properyt deed never got changed from the original at purchase?

In order for title to real estate to pass to the heirs legally, the estate must be probated. You need to consult with an attorney who specializes in probate who can review your situation and determine who owns the real estate. The mother's estate must be probated. Probate will likely pass title to her daughter. Her daughter's estate must be probated and title will pass to her heirs-at-law according to the state laws of intestacy; generally, her husband and children. You can check the laws of intestacy in your state at the related question link provided below.

If your father passed away 12 years ago and your brother the Executor never let you know what was going on nor gave you copies of the will because you have a mental disorder what can you do?

If your father owned any real property his estate must be probated. You can contact or visit the probate court where he lived to see if the estate was probated. If it was you can request the file and review it at the courthouse. Perhaps you could bring a trusted friend with you. Review the documents by date to determine what was so far with the estate. You can make copies of any documents in the file. However, if his estate was probated you should have been given notice. If your father did own real property when he died and his estate hasn't been probated you may have inherited an interest. Your brother can't sell or mortgage the property until the estate is probated. If you find there is no probate filed you should ask the court if there is an advocate you can speak with who can review your situation. Some courts in Massachusetts have free lawyer days once a month.

What does vest title mean?

Vest means to confer full title to real property. "Title" to real property means legal and absolute ownership. When a person dies owning real property their estate must be probated whether they die with a will or without a will. That is because title to real property, if not transferred by a deed from the owner, must be transferred by a court order. The court decree that allows the probate of an estate vests title to the real estate in the heirs. If the estate is never probated the heirs never gain legal ownership of the property and the result is a cloud on the title.

What happens if someone dies with no will and the family never changes the name on the deed to the property?

The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.

If my father died 12 years ago and had no will and I was named the executor the estate was settled then how long can someone contest?

If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.

Father passed away and mother never opened estate Now mother is gone who is responsible for opening the estate of the father Will states everything is left to wife.?

Each estate must be separately administered. Fathers creditors will need to be paid from father's estate, necessary tax forms will be filed. Father's estate will need to be distributed according to the father's will, i.e., the residual to the surviving spouse. The estate of the spouse is then probated by the administrator of the wife's estate, as required by the wife's creditors and heirs.

Father passed away and mother never opened estate Now mother is gone who is responsible for opening the estate of the father Will states everything is left to wife?

Each estate must be separately administered. Fathers creditors will need to be paid from father's estate, necessary tax forms will be filed. Father's estate will need to be distributed according to the father's will, i.e., the residual to the surviving spouse. The estate of the spouse is then probated by the administrator of the wife's estate, as required by the wife's creditors and heirs.

When someone is bonded and appointed Executor of their fathers Estate in 1966 and they have never been formally excused when is their appointment over?

Check wtih the Probate Court. Normally it automatically expires on the date the court declares the will to be fully probated.

Did your father have the right to leave a life estate to his second wife if the property is still in his and your deceased mothers name Her will was never probated?

Yes. in many cases it is a requirement of law that the spouse gets a life interest in the property. The property probably became your father's without any need for an estate, as the survivor.

Is there a maximum time in Canada that a will has to be probated?

It usually takes 6 months to a year depending on big the Estate is. It's never usually more than 1 year, but if there are difficulties with heirs in the Will and it goes to court there will be no Probate proceedings until the courts rule. Marcy