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The persons who are authorized to sell the real estate of a decedent are named in the probate file at the court of jurisdiction.

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Q: Who are the solicitors that can claim to sell a property when owner dies?
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If a owner dies owning real estate that they acquired by a quitclaim deed does their estate need to be probated?

Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.


What happens where a testator owns a property jointly with someone else?

Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.


Can you sell a real estate property titled in trustee after owner dies?

Can you sell a real estate property titled in trustee after mother and father dies


What rights do one have to property if you are not married?

If you are not on the deed you have no rights in the property. If you are not legally married and the owner dies you have no legal rights in the property.


Does right to survivorship transfer the property if one dies?

When two people own property by right of survivorship and one dies the interest of the decedent disappears and the survivor becomes the sole owner of the property.


If the deed to a property is recorded jointly and one of the owners dies can family members of the decedent claim the decedents share of the property?

No. If the property was acquired as joint tenants with the right of survivorship and one dies, their interest passes automatically to the survivor by law. There is nothing for family members to claim.


Can probate court take property owned by joint tenants with survivorship rights and when the second joint tenant dies can the probate court take it then?

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.


What if property is listed as joint tenants with rights of survivorship and there are other living children?

If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.


How long does it take the bank to foreclose a property when owner dies in California?

2yers later


What do you have to do if the owner of property dies and you are the lien holder?

You should file a certified copy of your lien with a notice of claim at the probate court where the decedent's estate has been filed for probate ASAP. A decedent's debts must be paid before any property can be distributed to the heirs.


If my husband owns a property with his ex-wife and they share the mortgage on the property am I liable for anything if he dies or defaults on the loan?

No. If he dies and defaults on the loan the bank's recourse is to take possession of the property by foreclosure. The bank has no claim against you.


On a quit claim deed if one of the joint owners dies does the remaining co owner become the full owner in NJ?

Yes. If the property was owned as joint tenants with the right of survivorship the surviving joint tenant becomes the sole owner of the property. They do not need to make any changes in their deed but only record a copy of the death certificate in the land records to clear the title.