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No, it does not have to be sold. But the debts have to be settled and if there is not enough money to resolve the debts, the home will have to be sold.
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∙ 10y ago
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How does probate handle the sale of a home?
If the person who owned the home is now deceased, that person's estate must be probated before the home can be sold. Probate is what authorizes someone representing the estate of the deceased person to sell the home.
If items are sold before probate do they have to be returned?
It is not necessary to return items sold before probate. But there must be a full accounting and all monies put to the estate.
What if the home is paid off and only 5000 in debt do you have to sell the property for probate?
If there is $5000 in other assets, no. But if the only assets are the home, yes, it will have to be sold to settle the debts.
Can a widow in Texas sell her husband's home if only his name is on the deed and it was separate property?
No. His estate must be probated in order for title to the property to pass to his heirs legally. His property can be sold by the estate representative or by the legal heirs once the probate process has been completed. See the related question link below to determine who would inherit the property under the state laws of intestacy if there was no will.
How do you sell land that is inherited?
When a person dies owning real estate, their estate must be probated in order for title to the real estate to pass to the heirs legally. The estate must be probated whether the decedent died with or without a will. The property can be sold by the estate during the probate procedure once the debts of the decedent have been satisfied. If the property is not sold by the estate, it becomes the property of the heirs once the probate procedure has been completed. The heir(s) can convey the property by deed, citing the probate case as their source of title.
How can you file foreclosure on owner financed property in Texas?
I sold my home with contract for deed tenant not making any payment who i can get back my home who i can evict him from my home
What happens to the decedent's debts if there is no money only the home?
Generally, the home must be sold to pay the creditors. If the heirs want to keep the home then they must pay off the creditors.
My mother sold her home in Texas and my father who is in a nursing home wants the sell of the property to be void is this possible?
Who owned the property. She did or he did? She can't sell if he had an interest with out his consent.
Deceased left a will stating house to be sold but has a lot of bills what should be done with bills?
Take care. The decedent's estate must be probated in order for the title to the real estate to pass to the heirs. Until the title has passed legally, the property can't be sold. Probate is required whether the decedent died testate or intestate. Either the will must be presented to the probate court for allowance and appointment of an executor or an administrator must be appointed if there was no will. Then the estate must be settled under the supervision of the court. A decedent's debts must be paid before any assets are distributed. If the debts aren't paid and there are (were) assets, the estate representative will be held personally responsible for not paying any creditors who made claims against the estate. You should seek the advice of an attorney who specializes in probate law.
Can heir property be sold by a majority vote in Tennessee?
Only if the executor and probate court agree.
I am trying to find out how much a house sold for and what realtor sold it. 5505 Wheeler Street Philadelphia, PA 19143. It was community property and I was not informed that it was being sold!?
The best way to find out about the state of land parcels is to check the Probate office. The Spokane county probate office is on line http://www.spokanecounty.org/pubpadal/
What is the time frame an executor of a trust is expected to carry out his duties for example the sale of a home?
Most Executors want to get the property sold as soon as possible and it depends on the Heirs. They have a right to say whether one of them wants to buy the home or property, or if they want it sold or not. E.g. There are 3 Heirs and 2 out 3 agree that they want to sell the property. The property MUST be sold. You usually can have it sold within the year, but, if the house or property has some difficulties attached to it or is a (hard sell) it can lapse over a year. Marcy * There are not laws in the U.S. which designate how long a named executor has to liquidate exempted property after closure of probate.
