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No, an executor cannot sell property without going through the probate process.

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6mo 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.


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.


What is a executor?

The executor of the will is the person responsible for following the instructions of the will. They work with the probate court to make sure everything is done legally. The court provides them with a letter of authority that will allow them to act on behalf of the estate.


What does it mean to probate a will?

Probating a will means that the will must be presented to the probate court for allowance. The court will examine the will to determine its validity under state laws. When the will is allowed the court will appoint the named executor who is usually the person who submitted the will for probate. If no executor was named in a will the court will appoint the person who requested the appointment as long as there no are objections. An executor named in a will has no power or authority until they have been appointed by the court.The court will issue Letters Testamentary to the executor and the letters provide the authority to settle the estate. The executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. The debts of the decedent must be paid before any property can be distributed to the heirs.


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.


How do you become a executor of the estate in Colorado?

To become an executor of an estate in Colorado, you need to be named as such in the deceased person's will. If you're not named, you can still apply to the probate court to be appointed as an executor. This involves filing a petition with the court and providing necessary documentation, such as the death certificate and the will. It's advisable to consult with an attorney familiar with Colorado probate laws to guide you through the process.


How do you change the name on a deed from a deceased parent to my name in Scotland?

That is done through the probate process. The executor can make the change and issue a new deed.


Does the executor have the right to a key to the temporarily occupied home of decedent?

Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.


Do you have to go through probate in Oregon if there is a will that appoints an executor?

Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.


Do you have to go through courts to be executor of estate in Columbus GA?

You need a Letter of Authority from the probate court to act as the executor of an estate.


Does the executor of a will have to live in the same state as the testator?

No, the executor of a will does not have to live in the same state as the testator. However, it can sometimes be beneficial for the executor to be located near the testator’s assets or have knowledge of local laws.


How do you change the name on a deed of a deceased person in will to person who inherits in Indiana?

You have to go through the probate process. The executor will have the ability to issue a new deed to the new owner.

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