Yes because you need to transfer the property to be able to sell it.
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someone will be appointed by the court to over see the assests each person left behind and it will all go straight to probate court and could be there several years
You have not disclosed whether your brother inherited an interest in the property, why he should leave the premises or what your position is. Generally, in the US, title to real estate passes to heirs at the moment of death. As soon as the estate is filed for probate legal title is perfected. As an heir your brother may have the right to the use and possession of the property. You may add more details on the discussion page.
It depends upon what you mean by co-owners. If they own the property as "Tenants in Common," then they each own a particular percentage of the property which they can pass along at their death to whomever they wish. If they own the property as Tenants in Common, then yes the deceased brother's share will have to go through probate (unless there was a recorded beneficiary deed). If they own the property as "Joint Tenants" or "Joint Tenants with Rights of Survivorship" then once the first brother dies the property automatically passes to the surviving brother by operation of law. No probate would be necessary in that scenario. The surviving brother would just have to file an Affidavit of Death in the county where the property is located as well as a certified copy of the death certificate. You will know how they own the property based upon what the deed originally conveying the property says. If the deed is silent, state law assumes Tenants in Common.
Without a will the property must go into probate. There is no other way to transfer the property.
This property based on the most recent information is not in probate.
An Automobile is titled property. The probate court has to authorize the transfer of title.
Letters of administration of probate are issued by the court. If a will is left by the deceased, the property is distributed according to the will. If there is no will, the property goes into probate and the courts decide.
Clarification is required as to why the will was not admitted to Probate. Was this because of a dispute between you and your brother or because the estate was so small that the court deemed it unnecessary.AnswerThere is no difference between a "will being admitted to probate court" and a "will being probated". A will admitted to probate court is being probated.However, as stated above, the will in your case was not admitted to probate court and so is not being probated. We cannot know the reason without more details. Your brother may have found it didn't require probate if the decedent didn't own property or he may have been put off by the cost of the filing. You need to ask him.
The way the property is titled determines who takes ownership. If the property is titled as Joint Tenants or Joint Tenants With Right of Survivorship, the surviving person(s) named on the deed receive the entire property and it is not subject to probate distribution. If the property is titled as Tenants-In-Common, it is subject to probate distribution as required under the laws of the state in which the property is located.
Yes, they are assets of the estate. As such they are subject to probate and appropriate taxes.
No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.