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My mother's will states that property go to her siblings does it have to go to probate?
Wiki User
∙ 16y ago
Yes, in order for the property to be properly transferred, the executor has to execute the deed.
Wiki User
∙ 16y ago
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Do you need to do a Succession in two states if you have property in both states?
The probate process is called Succession only in Louisiana. The answer is YES, it is necessary to file a Probate in any other state in which the deceased owned property. This is necessary in order to transfer the ownership interest of the deceased to the heirs.
Can the next of kin do a quit claim to the property of the deceased?
No, nothing can be done with real or personal property of a deceased person(s) until the probate procedure has been completed. States establish probate laws, each state has different requirements for the procedure and stipulates different types and amounts of property that is exempt from probate action. Contact the executrix or executor of the deceased estate or the clerk of the probate court of jurisdiction for more specific information.
Is Maryland a probate procedure state?
All states require probate. Probate is necessary to insure that debts are settled, taxes paid and that the property is distributed according to the law. Without it things start getting confused and hard to find. A good will will save a lot of trouble!
What do you do if there is no will or legal mandatory disposition of property?
In most/all (?) states the estate has to go to probate court. Check with your local legal aid group.
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).
The probate of my father's estate has been completed. The house is now owned by my three siblings and myself. Does the executor still have control over rental or sale of the house?
This would depend on whether the executor has left the property in your fathers name or if it has been transferred into your names.In the United StatesNo. Generally, equitable title to real property passes automatically to the heirs. In most states, the estate must be probated in order to perfect legal title in the heirs. Since the debts of the decedent must be paid before any property has been distributed there is always the possibility the real estate must be sold to pay debts. An executor can sell real estate only if they have been granted that power in the will or if a license to sell has been issued by a court. Once the probate process is concluded (after debts and taxes have been paid) the executor has no authority over the real estate. Record title does not need to be transferred to the heirs since probate is part of the public record of real property ownership. The property now belongs to you and your siblings. However, you can arrange to have a deed drafted in your own names.State probate laws vary. You should consult with an attorney who specializes in probate laws in your jurisdiction.
How much does an estate administrator for his mothers estate make?
Most people do not charge for administering an immediate relatives estate. They can waive the fee and often do to avoid family squabbles. In some states the rate is proscribed in the probate laws. Consult a probate attorney in your jurisdiction for specifics.
If Life Insurance policies are not part of a deceased's estate should an Executor probate an estate that is worth less than the legal fees the estate will incur to probate?
If there is no real property to convey, some states have a short form set of documents that reduce the time and cost of probate. And if there are debts owed by the deceased, it would be a good thing to probate it and get the debts resolved.
If one is married in one state but dies in another which state dictates property division of intestate property?
Generally, the laws of intestacy in the state where the property is located govern the distribution. For example, suppose a couple is married and has a residence in a community property state and a summer home in Massachusetts. Suppose one died in Florida, intestate (without a will). The property in Massachusetts would pass according to the laws of intestacy of Massachusetts. If the decedent had a will that was valid in the state where it was executed, the property in Massachusetts would pass according to the provisions in the will but the will, or exemplified copies of a foreign probate, would need to be submitted for probate in Massachusetts. Probate laws vary in different states. You must always consult with an attorney who is familiar with the law in both states to determine the legal advice particular to your situation.
What is probate court?
Probate court handles the items of the will to be sure it is honored. If the person has set up trusts, or has gifted the money in advance, etc. there is no need for probate. By following the process, you insure that all the legal requirements are met to terminate all debts. Without it the individuals that would normally be responsible for the estate may be tracked by creditors and others trying to collect debts. It also insures that property is legally transferred. If the individual had no debts, and no property, then probate isn't necessary, but still recommended to avoid any future complications.
Where do you probate a will if it was executed in a different state than where the decedent lived?
The following is general information only. You need to consult with a local attorney who specializes in probate laws and who can review your situation and advise you of your options.If the decedent owned property in another state, other than the state where the will was executed, an ancillary probate must be done in the state where the property is located.Most states allow a foreign will if it is a valid will in the state where the decedent lived when the will was executed. Therefore, the will must be proved and allowed in the state of origin first and exemplified copies can be filed for the ancillary probate proceeding.
Do i need to set up an estate account for my father if he owned no property or home?
Consult a probate attorney in your area. In most states, there is an 'express' form if there is no real property involved. But there is also a requirement to allow all of the debtors to make their claims.
