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My father died without a will and I inherited his property. His estate was not probated. Do I have legal title?
Wiki User
∙ 13y ago
The property is still in your father's estate and his estate must be probated. You are not the legal owner.
In order for title to real property to pass to the heirs-at-law in an intestate estate (no Will) or under the terms of a Will, the estate must be probated. Title is passed to the heirs by the probate process. You cannot "title" the property in your name until the estate has been probated. You cannot sell or mortgage the property until the estate has been probated. Until you probate the estate you only have what is called equitable title.
You should consult with an attorney who specializes in probate who can review your situation and explain your options.
Wiki User
∙ 13y ago
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Can a beneficiary to an estate enter into a new lease agreement?
If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.
Would a beneficiary Deed to property be legal in the State of Ga?
Generally, in order for title to real estate to pass to the heirs or devisees the estate must be probated. If a person inherited an interest in real estate a quitclaim deed from them would convey their interest in the property IF the estate had been probated. If the estate was not probated then they are not a legal owner of the property and their deed would convey nothing.
What if you do not have the title to a property under your name?
You must have the owner convey the property to you by deed. Or, if you inherited the property, the estate must be probated and the attorney who handles the estate can arrange to transfer record title to you if you wish.
Can a beneficiary rent out estate real property and keep the proceeds to himself at the expense of other beneficiaries?
If that beneficiary inherited the property by himself- yes. If that beneficiary inherited the property along with other beneficiaries- no. Remember that the estate must be probated if it includes real estate in order for legal title to pass to the beneficiaries.
How can a family member buy the house after the single home owner dies?
The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.
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 do you sign over property left by mother to one sibling?
If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.
If your father inherited property without a will how can he be the owner of the property?
When a person dies without a will, the decedent's property passes to heirs at law according to the state laws of intestacy. An estate that has real estate must be probated in order for title to real estate to pass to the heirs legally. Therefore, it is important to make certain the decedent's estate was probated and that title to the real estate passed to your father legally.If your father was the only heir at law of his deceased parent then his title to the property is established through the Probate Court. If you have questions about the title to the property you should discuss the situation with an attorney who specializes in probate and real estate law. The attorney can make certain the estate was properly probated and could draft a deed that can be recorded in the land records to get the property into your father's name.
Does inherited property become community property once the names of both spouses are on a bill?
Inherited property, if kept separate, does not generally become community property. However, community property laws differ so you should consult with the attorney who is handling the estate for advice if the state where the estate is being probated is also your home state.
Can a relative sign a quit claim deed if no estate has been open?
No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.
Can heir sell family proerty without the rest of the family?
An heir may sell property by deed if the estate has been duly probated and the heir acquired all the interest in the property under the will. The estate must be probated in order for title to the real estate to pass legally to the heirs. If the estate has not been probated the deed would be null. If the estate was probated and the heir did not inherit a 100% interest then her/his deed would only convey the proportionate interest they own.
Both parents have died and left a will does the estate still have to go through probate?
If they left any property in their own names the estates must be probated in order for title to property such as bank accounts to be changed. An estate of real property must be probated in order for title to pass to the heirs legally.
