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No. Generally, the probate procedure allows the intended executor to circulate an assent for to all the interested parties to sign whereby they each consent to the appointment of the executor. In most cases, the executor doesn't have to appear at the hearing in person. Once the proposed executor submits the Will, a petition for probate and the assents of the interested parties, the judge reviews the documents approves the Will and appoints the executor. Parties need to appear in person when an objection to the allowance of the Will or the appointment of the particular executor has been filed in the case.
What else can I help you with?
Do all estates need to be filed in probate?
They need to be probated so that any issues and claims can be determined and settled.AnswerYes. If the decedent owned any property their estate must be probated. The title to real property cannot pass to the heirs legally until the estate is probated.
Are heirs individually responsible for mishandling estate?
The heirs aren't the persons with the authority to "handle" an estate at all. If a person died owning property their estate must be probated, an estate representative must be appointed and the debts of the estate must be paid before any property is distributed to the heirs. Probate laws govern the distribution of a decedent's estate regarding creditors and heirs. If the court appointed estate representative mishandles the estate they are held personally responsible. If heirs convert assets to their own use, with or without the appointment of an estate representative, the "heirs" are held personally responsible and may find themselves in court for taking the decedent's property and not paying the creditors and/or the other heirs.
Do Heirs have all rights to intestates estate?
The estate must be probated and the court must appoint an administrator. The state laws of intestacy will determine who the heirs-at-law are. The debts of the decedent must be paid before any property is distributed. Once the probate proceeding has been completed the remaining property will be the property of the heirs at law. You can check your state laws of intestacy at the related question link provided below.
Do other heirs need to sign if you sell the property?
The decedent's estate must be probated in order for the heirs to have legal title to the real estate. All the heirs must sign the deed. If you want to sell the inherited real property the attorney who handles the estate can advise you.
My grandmother recently passed away. I am trying to do a quitclaim deed for the property that she left behind. She did not have a will but she had always said that the property would be mine?
You cannot "do a deed" since you do not own the property. Her estate must be probated in order for title to the property to pass to her heirs legally. Since she didn't leave a will her estate will be distributed to all her heirs at law according to your state laws of intestacy. You can check your state at the related question link. You should consult an attorney who specializes in probate or at least visit the probate court.You cannot "do a deed" since you do not own the property. Her estate must be probated in order for title to the property to pass to her heirs legally. Since she didn't leave a will her estate will be distributed to all her heirs at law according to your state laws of intestacy. You can check your state at the related question link. You should consult an attorney who specializes in probate or at least visit the probate court.You cannot "do a deed" since you do not own the property. Her estate must be probated in order for title to the property to pass to her heirs legally. Since she didn't leave a will her estate will be distributed to all her heirs at law according to your state laws of intestacy. You can check your state at the related question link. You should consult an attorney who specializes in probate or at least visit the probate court.You cannot "do a deed" since you do not own the property. Her estate must be probated in order for title to the property to pass to her heirs legally. Since she didn't leave a will her estate will be distributed to all her heirs at law according to your state laws of intestacy. You can check your state at the related question link. You should consult an attorney who specializes in probate or at least visit the probate court.
Do the heirs of an estate get a full accounting by the executer of the estate?
First the executor must be appointed by the probate court. Once appointed the executor is obligated to follow the rules set forth in the probate code which includes amongst other things publishing a notice the the estate is to be probated, filing an inventory of the assets both real and personal and the final task of filing a final account with the court accounting for all the property that was listed in the inventory and to whom it was distributed. If the executor doesn't provide copies to the heirs they may obtain copies of any filing in person or by mail from the court. By obtaining copies as they are filed the heirs can monitor the activities of the executor and make certain he/she is performing their duties in a timely and effecient manner. If they aren't, the heirs can complain to the court and ask that the executor be compelled to act responsibly or replaced.
Is it legal to sell willed estate without 2 of the heirs signing in New Jersey?
No. All heirs to an estate must sign for a valid transfer of the property. If the Heirs are missing there will be a method by which a court can appoint someone to sign for the lost or missing heirs.
What happens to property when all persons listed on a survivor ship deed have died?
The last surviving owner would have owned the property at death and it would pass to her/his heirs according to their will or the laws of intestacy if they had no will. Their estate would need to be probated in order for title to pass to their heirs legally.
Can you sale a property with out probateing if all of us are in agrement?
An estate that includes real estate must be probated in order for title to pass to the heirs. Until the estate is duly probated you don't own the property legally and cannot execute a valid deed. An attorney examining the title to the property for a proposed buyer would insist the estate be probated in order to pass clear title.
Can heir sell family proerty without the rest of the family?
An heir may sell property by deed if the estate has been duly probated and the heir acquired all the interest in the property under the will. The estate must be probated in order for title to the real estate to pass legally to the heirs. If the estate has not been probated the deed would be null. If the estate was probated and the heir did not inherit a 100% interest then her/his deed would only convey the proportionate interest they own.
Are children allowed to view will if all is left to widow?
The will should be probated especially if the decedent owned any real estate in his own name. An estate must be probated in order for title to real estate p pass to the heirs legally. Once the will is filed for probate it will become a public record and can be reviewed by the children.
When an executor is removed can both heirs be appointed to make all decisions?
Yes, both heirs could be appointed as co-executors. If the court feels it is in the best interests of the estate they will do so.
