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The lack of a probate creates a cloud on the title. No one has legal title. The property cannot be sold or mortgaged until the title is cleared. The estate must be probated in order for legal title to pass to the heirs.
Wiki User
∙ 13y ago
Wiki User
∙ 14y agoIf a deceased's will is not presented to the court for probate, then the state will consider the deceased to have died "intestate' and the state will step in and make the decision on how to divide the estate among the heirs.
Wiki User
∙ 12y agoThe contract for such a sale would be a nullity as being of an illegal purpose--that is, the "sale" of the non-probated estate would be unlawful, and thus the contract would be deemed illusory.
Wiki User
∙ 13y agoThe property will revert the state. A debtor can request the court open an estate. That allows the debts to be settled and taxes paid.
Wiki User
∙ 9y agoIf the testator died owning property and no one files the Will then legal title to the decedent's property will not pass to the heirs.
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Can one be an executor of probate but not the estate?
There is no executor of probate. The executor of the estate executes the will and probates the estate.
What happens when one of the beneficiaries of a will dies before an estate is settled?
It will be dependent on how the first will was written, but in most cases, their share of the estate simply becomes a part of their estate.
What happens when an estate administrator dies?
If the person left a Will the Will will identify who the administrator (executor) of the estate is to be - only this person can anministor the estate. If there is no Will then the state will appoint an administrator (there will be country specific laws relating to how this happens).
Who is the best Texas attorney that deals with Probates?
De Lange Hudspeth IS THE best Texas attorney that deals with Probates. You can read more at law.onecle.com/texas/probate/680.00.html
What happens if you have a child support judgment againist some one and that person dies?
You become one of the creditors of the estate. Whether you receive anything depends on the size of the estate and the size of the claims on it.
What happens when one of a group of beneficiary dies before the property is settled?
Their share goes into their estate.
What happens if parents die and owe money to the government but the estate has no money?
The government is not going to get their money. They will have to be satisfied that there are no assets in the estate and that no one else got paid.
What happens to the estate of a parent who dies and leaves a lot of debt?
Debts are one of the primary reasons someone should open an estate. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
What happens to a home that is not sold and is part of an estate and the estate can no longer pay for the upkeep of this home?
The estate will have to sell or abandon the home.
What happens to the remaining assets in a closed estate?
If any undistributed assets remain in the estate then the estate must be reopened and an estate representative must be appointed by the court.
What happens when your mom passes away and her property is in a life estate?
The life estate goes to the remainderman.
What happens to a father's estate without a will in Pennsylvainia?
The estate will be distributed according to the Pennsylvania Intestacy Statute.
