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If the probate process has been completed and title is in the heirs they can execute a deed to a straw and then the straw can convey the property back to the heirs by deed and the heirs will become the record owners of the property. However, that process isn't necessary except in cases where the heirs desire to have a deed in their own names.
If the heirs want to sell to a third party they can execute a deed of their interest and cite the probate as their source of title. You should consult with the attorney who handled the estate who can review your situation and your needs and explain your options.
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∙ 13y ago
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When an estate case is closed by probate is the will still in effect?
An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.
Is an automobile considered property for probate court?
An Automobile is titled property. The probate court has to authorize the transfer of title.
Can you deed your house to someone else?
Yes, but it would have to be left in the care of an adult until the child comes of age.
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.
Is a title to personal property transferred pursuant to a bailment?
No, only the lawful possession of the property, and not ownership, is transferred.
How do you do a title search in N.J?
Become an expert on property and probate law.
How do you do a title search in N.J.?
Become an expert on property and probate law.
Is the estate administrator responsible for home ins?
Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.
Can the executrix put their name on the deed when the property was left to eight people in the Will?
Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.
How do you file a quit claim deed from a deceased parent when there is no will and one child involved?
The property cannot be transferred by deed. The estate must be probated in order for title to the real property to pass to the child. You need to contact a probate attorney in your area.
Is probate needed when you inherit a home with a mortgage?
The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.
What do you need to do to file a title suit for some mineral rights your father is deceased and did not have will or an estate?
Open an estate! That is the whole reason to have one, to insure property is properly transferred. Consult a probate attorney in your state.
