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Yes. In most jurisdictions the probate court (and other courts) has authority to handle matters concerning real estate. The most common situation in which the court would order the sale of real property would be a partition action.
What else can I help you with?
How to get a court order?
how do l get a court order against my ex-wife to stop her from selling property Thailand
How do you get a probate order for property?
Generally, you must petition the probate court to be appointed the Administrator of the estate. If you are qualified and no one objects to your appointment the court will issue Letters of Administration and you will have the authority to settle the estate under the supervision of the court.
Who takes control of selling the assets of an estate in order to pay off the credit card debts?
Sometimes the judge in probate court, sometimes the court trustee. Probate proceedings are determined by the statutes of the state of residency.
If there is a Last Will is it filed with the State and can you get a copy?
If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.
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.
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
Is there a way to avoid probate if the property's value is under a certain amount?
Yes. Generally there is an expedited process for small estates. You need to visit the probate court and inquire about the procedure in your jurisdiction. However, if there is real property, the estate must be probated in order for title to pass to the heirs legally.Yes. Generally there is an expedited process for small estates. You need to visit the probate court and inquire about the procedure in your jurisdiction. However, if there is real property, the estate must be probated in order for title to pass to the heirs legally.Yes. Generally there is an expedited process for small estates. You need to visit the probate court and inquire about the procedure in your jurisdiction. However, if there is real property, the estate must be probated in order for title to pass to the heirs legally.Yes. Generally there is an expedited process for small estates. You need to visit the probate court and inquire about the procedure in your jurisdiction. However, if there is real property, the estate must be probated in order for title to pass to the heirs legally.
Would a Life Interest Trust have to be registered with a Court?
A life estate in real property must be filed in probate or filed in the land records office in order to be perfected as an encumbrance on the property.
Can a person sell a property without probating a will in philadelphia?
Not legally. In order to sell real property, someone has to have the authority to do so. Without a letter from the probate court, such a transfer would not be legal.
What court order needed to freeze bank accounts dueto death?
Probate Courts can issue such an order, which will freeze the deceased's account(s), until the court has had time to probate the estate.
How can a person prove they are the heir of some property?
The proof is in the estate that was duly probated in the probate court. When a person dies owning real property their estate must be probated in order for legal title to pass to the heirs. The judgments filed in the probate court provide proof of title.
Can the executor of an estate sign a quit claim deed to sign property over to an heir of the deceased?
No, not unless there is a POA or court order allowing him to do so. The executor has been appointed by the court and has letters of authorization for the handling of the estate's assets. In most cases, the executor will have to obtain court approval for sale of real property. To do so they will have to show the evaluation of the property and the sale price and show that it is a good deal for the estate. Once they have the court order, they are authorized to sign the appropriate transaction documents.
