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No. An executor must be appointed by the court. That appointment gives the executor the authority to deal with any real estate owned by the decedent. The executor does not need to "add their name" to any deed. Once appointed, the executor has the authority to handle the real estate according to the provisions in the Will or the probate laws if the authority to sell the real estate wasn't granted in the Will. You should discuss this issue with the attorney who is handling the estate.
What else can I help you with?
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.
Can I sell property if the deed still reads the name of the former owner?
No, you cannot legally sell a property if the deed still lists the name of the former owner. The deed must accurately reflect the current ownership to ensure a clear title and avoid potential legal issues. To sell the property, you would need to rectify the deed by having it updated to your name through a proper transfer process, such as probate or a quitclaim deed, depending on the circumstances.
Does a husband have rights to a home if his name is not on the deed?
removing husband from home when name is not on the deed?
We have added our daughter to our Deed to our Home, by a QUIT CLAIM DEED. She is given the rite of survivorship& her name shows on the tax rolls. Would this have to go through Probate ?
Yes as the house could still be claim to pay any debts you have.
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.
Can one sibling have grant deed changed to his name before probate and claim property as his own?
The sibling does not have the right to change a grant deed. Only the property owner can make such a change.
How do you get property in your name after someone dies?
The decedent's estate must be probated in order for legal title to vest in the heir(s). Probate is part of the public records that affect real estate. You are not required to arrange for a deed in your name since the probate records will show that you are the owner by inheritance. However, if you want the property recorded in your name you should consult with the attorney who handled the estate. She/he can draft a deed properly for your jurisdiction and the deed should be recorded in the land records immediately.
How do you transfer a propety into my name?
Ownership of property is transferred by a deed or by a probate proceeding. The present owner of the property must execute a deed that names you as the grantee. If you inherited the property you should consult with the attorney who handled the estate if you want the property transferred to you by a deed.
How can you get your name add to a deed if your husband is dead?
You need to contact an attorney who specializes in probate. Your husbands estate must be probated if he owned real property in his own name.
Why do a quick claim deed if you already inherited the proprty after the owner dies?
You are not required to record a deed. If the estate was properly probated the probate process passed legal title to you and probate records are part of the public record of real property ownership. Some bankers who do not understand title theory will insist you record a deed before approving a new mortgage. Some people who inherit property want a deed in their own name. However, if a bank is not involved whether ot not to have a deed drafted and recorded is up to you. You do not need a deed. If a deed is required it should be drafted by an attorney.
What is another name for a home owners paper?
Deed
When i die would i like to leave my house to long time girlfriend. House is paid off.Her name is on my will-everything left to her but i am trying to avoid any problems down the road.Maryland?
You are very wise to do your estate planning now. The best way to avoid any problems is to make certain the will was drafted by an attorney who specializes in probate. Also you must make certain there is an original copy readily available to your partner if you should die. Without the will she will get nothing. Check with your local probate court. Many courts allow a person to file their will ahead of time for safe-keeping for a nominal fee. You can also have a transfer of deed ,upon your death. This would mean that upon your death the deed to your property(home) would automatically transfer to her name. Without going into Probate court. Saves a lot of time and money. Laurenelyse
