Is a probate proceeding following death of mortgagor a transfer under the due on sale clause?

A process that facilitates the transfer of a decedents estate to named beneficiaries is?

The probate process.

If mom left house to granddaughter in will do you still have to go through probate?

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).

How does property transfer after an administrator is appointed?

The Administrator must petition the court for a license to sell the real estate if the real estate is to be sold. If the heirs at law will be keeping the property the probate proceeding is a public record and it documents the transfer of the property to the heirs. You don't need to do anything else. When the heirs decide to sell the property they can execute a deed with their names as grantors and cite the probate case as their source of title.

What happens when a person dies without a will and the deed is a survivorship deed?

Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.

How do you transfer a propety into my name?

Ownership of property is transferred by a deed or by a probate proceeding. The present owner of the property must execute a deed that names you as the grantee. If you inherited the property you should consult with the attorney who handled the estate if you want the property transferred to you by a deed.

Is an automobile considered property for probate court?

An Automobile is titled property. The probate court has to authorize the transfer of title.

What happens if a later will is found after the first will has been probated and the assets distributed?

You need to consult an attorney who specializes in probate in your area who can review the situation, the first probate proceeding and the will, and explain your options, if any.

Can anyone file for testamentary letters in probate proceeding?

No, not everyone can file for the letter. It must be someone with a vested interest in the estate.

Can a surviving spouse refuse to have will read?

The reading of a will, though a wonderful literary device (particularly in English murder mysteries), is of no legal significance in U.S. jurisdictions.A better question is whether the surviving spouse, though in possession of his or her deceased spouse's original will, can refuse to submit the will to the probate court. The answer is yes, though it requires some explanation.If all the decedent's property was held in joint tenancy with the surviving spouse (a common arrangement in most jurisdictions), then there is no need for a probate proceeding to determine ownership of the property. By filing a copy of the death certificate with the appropriate authorities (usually the county Recorder for real property, the bank itself for checking, savings and CD accounts, or the brokerage house for stocks and bonds held in a brokerage account), the surviving joint tenant acquires sole ownership. If all property was held in such a fashion then there is no need for a probate proceeding and no obligation to file the will with the probate court.Another person could initiate a probate proceeding even without a copy of the will. Once the petitioner gave the surviving spouse notice of the proceeding he or she might find it to be in his or her best interest to file the will with the probate court -- though if he or she was confident that there was no property belonging to the decedent there might not be any incentive to respond to the probate proceeding even then. The petitioner who filed the probate proceeding might then have wasted filing (and lawyers) costs; it is even possible that additional costs could be assessed against the petitioner if it turned out that he or she knew or should have known that the proceeding was unnecessary.

What is statute of limitations on records of estate distribution?

Once a probate proceeding is filed in court the file will remain a public record forever.

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).

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.