If the person who owned the home is now deceased, that person's estate must be probated before the home can be sold. Probate is what authorizes someone representing the estate of the deceased person to sell the home.
If there is no real property to convey, some states have a short form set of documents that reduce the time and cost of probate. And if there are debts owed by the deceased, it would be a good thing to probate it and get the debts resolved.
In most cases that will be a responsibility of the estate. The executor is supposed to file taxes for the deceased and the estate.
You have to apply to a court for probate on his estate.
No.
The debts of the deceased are the responsibility of the estate. The estate will resolve the debts before you get any money. Consult a probate attorney in your jurisdiction for help.
To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.
If it has just been found, yes. The deceased's estate has not been legally settled until it undergoes probate.
A probate lawyer typically starts by reviewing the deceased person's will, if there is one, to determine who the beneficiaries are and what assets are involved. They also identify and notify potential heirs, gather documentation of the deceased person's assets and debts, and submit the will for probate if necessary.
If the estate has been filed for probate you can go to the probate court and read the will. Once a will is filed for probate it becomes a public record. You can even get a copy to keep for your records.
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
Probate assets are part of a deceased person's estate that go through the probate process, while non-probate assets pass directly to beneficiaries outside of probate. Probate assets include property solely owned by the deceased, while non-probate assets include assets with designated beneficiaries or joint ownership.