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If mom left house to granddaughter in will do you still have to go through probate?
Wiki User
∙ 14y ago
Probably. The existence of a valid will does not avoid the need for a probate proceeding. In fact, the will functions as instructions to the probate court as to (a) who will administer the estate (the executor or, in some states, personal representative), (b) who will receive property, and/or (c) who will have priority for appointment as guardian of the decedent's minor children (or, in some cases, adult incapacitated children or spouse).
If the house in question was titled to the decedent alone at the time of death (that is, was not held in joint tenancy or by a trust or similar arrangement), then a probate proceeding will probably be required to determine the successor to the property. If the value of the property is not large, some states may permit a summary probate proceeding to convey title, but the proceeding is still a probate (albeit simpler).
Wiki User
∙ 14y ago
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If the mortgage on a house is paid do you still have to take it through probate?
That depends on several factors, the main one being the state probate laws, if there was a valid will, how the property is titled, and if the deceased had any outstanding debts.
Do we have to go to probate for someone to buy her house.Your grandma died 10 days ago without a will She has a house she owed on on and a vehicle she was still paying on What happens now?
Without a will, her estate will have to go through probate.
Can a co executor sell a house that is still in probate and possible a pending forecloser?
With the permission of the court, certainly. And you can't get out of probate until something is done with the house.
Does life insurance still go through probate if your name is the beneficiary in NH?
That is the beauty of life insurance~! With a properly named beneficiary there are no taxes and it avoids probate!
What can you do with the contents of a house that was left to us in a will but is still under probate?
Don't do anything. The property left to you does not legally become yours until such time as the deceased's will has completed the probate process.
Can you take granddaughter off car insurance?
Does Granddaughter not live with you anymore and not drive vehicle ever? If Granddaughter has moved into her own house and never drives any of your cars then yes you can drop her from your insurance. If she is still a member of your household or drives any of your vehicles then no you cannot taker her off your insurance.
What types of fees are associated with getting a cash advance on my inheritance while it is still in probate?
For Heirs Who Want Advance Inheritance Cash Quickly & Securely: Probate Cash ... form of a house and property only, with no cash, can we still apply for a Probate Loan? ... What court fees and legal costs are associated with Probate? .... The inheritance advance took my focus off money. Instead of getting further ...
We have added our daughter to our Deed to our Home, by a QUIT CLAIM DEED. She is given the rite of survivorship& her name shows on the tax rolls. Would this have to go through Probate ?
Yes as the house could still be claim to pay any debts you have.
My uncle has died and his house is part of the estate under probate. can we rent it out when it is still under probate?
Yes, the executor of the estate may do what they can to insure the value of the estate doesn't lose value. But the estate will need to file a tax return for the rental income.
One primary advantage of having a will is that your estate avoids probate?
No, you still have to go through probate. But you get to decide where your property goes. Otherwise without a will the state will decide (ORC) where your estate goes. It makes it simpler for you and your loved ones in the end.
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
Can we list our properties for sale if they have not cleared probate?
It would not be a wise choice because it could still fall through and end up costing you money in the end.
