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Can you get property that you were to receive from a will if the estate was probated and the property was sold?
If the estate was probated and the property was sold to pay the debts of the decedent you cannot get it back. The debts of the decedent must be paid before any property can be distributed to the heirs. If there were debts and not enough cash assets to pay them then the executor may need to sell the real property. An executor can sell real property if that power was granted in the will or if the court issues a license to sell the real estate. If you have questions about what was done you should call the attorney who handled the estate and ask to have the issues explained to you.
What else can I help you with?
How do you sell land that is inherited?
When a person dies owning real estate, their estate must be probated in order for title to the real estate to pass to the heirs legally. The estate must be probated whether the decedent died with or without a will. The property can be sold by the estate during the probate procedure once the debts of the decedent have been satisfied. If the property is not sold by the estate, it becomes the property of the heirs once the probate procedure has been completed. The heir(s) can convey the property by deed, citing the probate case as their source of title.
Can an heir buyout other heirs while estate is in probate?
If real property is involved the estate must be probated in court in order for legal title to pass to the heirs. Once the estate has been probated, the heirs can convey their interest in the real estate to whomever they wish. The property could also be sold by the court appointed administrator of the estate by a license to sell real estate issued by the probate court.
You are sole beneficiary to gr fathers estate but the executor wants to sell all property because you are 23 yrs old?
The estate must be probated in order for the title to the property to pass to you. There may be a reason why the executor wants to sell the property. The property may need to be sold to pay debts of the estate, or, there may be a provision in the will that directs the executor to sell the property and pay over the proceeds to you. If the property does not need to be sold to pay debts then you are the owner of the property. You are an adult and can make your own decisions. You should speak with the attorney who is handling the estate ASAP and make it clear that you do not want your property sold.
How can you sell your deceased husband's real estate if the title is not in your name?
The decedent's estate must be probated in order for legal title to pass to his heirs under the provisions in the will or according to the state laws of intestacy if there is no will. You can check the laws of your state at the related question link provided below. Once the estate has been probated the property can be sold by the heirs.
Your dad died owning real property and you are the only child. What do you have to do to sell this property?
You need to consult with an attorney who specializes in real estate and probate law. Your father's estate must be probated in order for title to the real estate to pass to you legally. It can only be sold by the estate Administrator under a license to sell issued by the court or by you once the probate procedure has been completed and you own the property.
Can property in a life estate be sold to an outsider?
The fee to the property can be sold but only subject to the right of the life estate holder to the use and possession of the property.
Can one of many heirs to an estate legally rent the land without the consent of the other heirs?
In theory, the executor and attorney for the estate can rent to the highest bidder. However, other factors may be considered like when rent will be paid and in what form of lease. When a landowner is deceased, their estate must be opened and an executor is appointed. Often an estate will require at least nine months to complete and often it will take longer when a business or rental property is involved. For the duration of the estate, the executor is charged with the duty to protect the assets of the estate and pay the debts of the decedent. The executor and the attorney will determine how to accomplish these tasks. Therefore, theoretically if the renter is the highest bidder, and the lease may be completed or "paid up" prior to the end of the estate proceedings, the executor may rent the land to the heir if he fits these criteria. At a minimum, the heir would need to be the highest bidder.
What is the procedure if original will document is lost for registering property or to sell?
If a person died owning real estate their estate must be probated in order for title to pass to the heirs. If the will cannot be found then the property will pass as intestate property. In that case you will need to petition the probate court to have an administrator for the estate appointed. The property cannot be sold until the probate process is completed because until then there is no legal owner.
What is an estate sale of real estate?
An estate in this sense refers to the real estate owned by a decedent at the time of their death. The purpose of an estate sale is to sell the property of a decedent so the proceeds can be distributed to the heirs. After an owner of real estate has died, their estate must be probated so the real estate can be sold. The sale must be handled by an estate representative duly appointed by the probate court and that representative must have the proper authority to sell the property. An estate sale of real estate would be a sale of the real property owned by the decedent.
Can a property be sold below market price to a realative to avoid probate?
If a property owner has died then they can't transfer the title to their real estate. If a person died owning real property their estate MUST be probated in order for title to pass to the heirs. If you are not the owner then you have no power to sell the property.You should consult with an attorney who specializes in probate law.
Should you go to a probate court?
If a person dies owning property an estate representative must be appointed by the probate court in order to obtain the legal authority to collect and distribute the assets after the decedent's debts are paid. They must perform their duties according to state laws that govern estates.If the decedent owned real property, the estate must be probated in order for title to pass to the beneficiaries or heirs at law legally. The property cannot be sold until the estate is probated.If a person dies owning property an estate representative must be appointed by the probate court in order to obtain the legal authority to collect and distribute the assets after the decedent's debts are paid. They must perform their duties according to state laws that govern estates.If the decedent owned real property, the estate must be probated in order for title to pass to the beneficiaries or heirs at law legally. The property cannot be sold until the estate is probated.If a person dies owning property an estate representative must be appointed by the probate court in order to obtain the legal authority to collect and distribute the assets after the decedent's debts are paid. They must perform their duties according to state laws that govern estates.If the decedent owned real property, the estate must be probated in order for title to pass to the beneficiaries or heirs at law legally. The property cannot be sold until the estate is probated.If a person dies owning property an estate representative must be appointed by the probate court in order to obtain the legal authority to collect and distribute the assets after the decedent's debts are paid. They must perform their duties according to state laws that govern estates.If the decedent owned real property, the estate must be probated in order for title to pass to the beneficiaries or heirs at law legally. The property cannot be sold until the estate is probated.
Can a widow in Texas sell her husband's home if only his name is on the deed and it was separate property?
No. His estate must be probated in order for title to the property to pass to his heirs legally. His property can be sold by the estate representative or by the legal heirs once the probate process has been completed. See the related question link below to determine who would inherit the property under the state laws of intestacy if there was no will.
