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What happens if your dad dies without a will and only a portion of his property was put through probate?
Wiki User
∙ 16y ago
Answer: The probate would need to be reopened.
Wiki User
∙ 16y ago
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If there is a will does propery go through probate?
Yes a will requires probate. Which means the property will be part of the process.
If you have a will and deceased owned a house that you live in does it have to go to probate?
Yes, the proper way to change the property ownership is through the probate process.
Is probate needed when you inherit a home with a mortgage?
The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.
Does property go through probate before death certificate is made public?
No. Generally, the death certificate must be submitted with the petition for probate.
If a property is owned by the daughter and the deceased mother is that considered the deceased estate?
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
Can you contest entitlement property belonging to a minor child if the deceased's estate has not been probated?
In most cases the estate must be entered into probate before any property can be disbursed either through the terms of a Will or by the probate succession laws. What property is exempted from probate and can pass directly to the beneficiary is determined by the laws of the state in which the deceased last established residency.
Is probate procedure required in Illinois?
A probate proceeding is required when a person dies who is the sole owner of property. Title to real estate must pass through probate in order to vest in the heirs. In some jurisdictions there is a speedy process when there is personal property under a minimum dollar amount or the only property is a motor vehicle. You should seek the advice of an attorney.
If your late mother has left a will do you need probate to sell her property?
Yes, your mother's will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
Do you have to go through probate if your wife is on the deed but not the loan and the husband dies?
If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.
If a man dies in Tennessee without a will but his wife's name is on the deed does she own the property?
If "titled to both names" means "joint tenants" or "tenants by the entirety", then the absence or presence of a will is irrelevant because the surviving spouse obtains full ownership through the deed, not through probate.
If a house hasn't gone though probate is there a time period to retrieving a house that was willed to you?
The house MUST go through the probate process in order for title to pass to you. The will must be presented to the probate court for allowance and the court must appoint an executor. When the probate process has been completed you will be the owner of the property.
If the mortgage on a house is paid do you still have to take it through probate?
That depends on several factors, the main one being the state probate laws, if there was a valid will, how the property is titled, and if the deceased had any outstanding debts.
