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Why must a house go into probate to sale if all benificary agree?
Wiki User
∙ 11y ago
It makes sure that everything is done properly. The only way someone can sell real property is if there is a letter of authorization.
Wiki User
∙ 11y ago
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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.
Do you absoultely have to go through probate if the inhanters all agree?
Yes, legally a will must be filed in probate court. That makes sure that the executor is held responsible and that the appropriate taxes are paid.
What if your grandfather leaves instructions in his will that a house is to be left to your father then you- and your father sells the house?
Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.
Where can you find Estate Administration and Probate of the Estate forms?
You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.
Does the executor have the right to say that things must remain in the house for her grandson?
That depends on what was written in the Will. The estate must be probated and the executor must seek appointment from the probate court.
How do you sell a house when a parent dies and no will is left but all surviving children agree to sell the house and split whatever is left?
First, the estate must be probated in order for legal title to the real estate to pass to the heirs. You need to consult with an attorney who specializes in probate law in your area. The attorney will assist you in filing the probate and then advise you about selling the property. The property could be sold through the estate or by all the heirs once the estate is settled.
How long do you have to agree on a executor if no will exists?
If there is no will then there will be no executor. When a person dies intestate, or without a will, a qualified person must petition the probate court to be appointed the administrator of the estate. That should be done as soon as possible. You should seek the advice of an attorney who specializes in probate in your area.
What happens after probate if a house is involved and a beneficiary wants to keep it?
The beneficiary can buy the property from the estate. That means the mortgage must be settled and the price must be market value.
Is it required to probate a will?
Probate is typically required to legally validate a will, transfer assets, and settle the deceased person's estate. The specifics of probate laws vary by jurisdiction, so it is best to consult with a legal professional to determine if probate is necessary in a particular situation.
Is a house considered an asset in probate?
If the property was solely owned by the decedent the estate must be probated in order for title to pass to the heirs-at-law.
Heirs cannot agree one will not let other two have key to house or even let them in the house what are the other two's rights?
An estate that passes ownership to real estate must be probated in order for legal title to pass to the heirs. In the case of inherited real property, all the co-owners have the right to the use and possession of the whole property unless a different arrangement is set forth in the will.In your case, the estate must be probated. You must consult with an attorney who specializes in probate law in your jurisdiction who can file a probate so title will be legally vested in the heirs. Once the probate has been filed the three heirs will share legal ownership equally. If one heir desires to keep the others out, she must purchase their interest in the property. Otherwise all the co-owners have the right to the use and possession of the property and must be allowed entry.
Can the beneficiaries appoint a third executor when co-executors can't agree?
No. An executor must be appointed by a court. Even if named in a will an executor has no legal power or authority until they have been appointed by the court. The will must be submitted for probate and the court must appoint the executor.
