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If a will exists, yes. However, if there are no assets in the name of the deceased to be distributed, then it is not necessary to probate the will. If a will does not exist, the deceased is considered to have died INTESTATE (without a will). In that case, the surviving spouse, or if none, then one of the closest next of kin will be appointed by the probate court as administrator of the estate. The administrator must pay all proper debts and distribute any remaining assets strictly in the manner set forth in the state's laws of intestacy. The state does not take over the estate nor does it take the assets of the estate just because there is no will. Assets are never distributed as the Probate Court sees fit. Nevertheless, since the scheme of distribution in the laws of intestacy might not be what the deceased wanted, (something you will probably want to avoid at all costs) it is best to have a will.
What else can I help you with?
Do material items have to go through probate?
Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.
Both parents have died and left a will does the estate still have to go through probate?
If they left any property in their own names the estates must be probated in order for title to property such as bank accounts to be changed. An estate of real property must be probated in order for title to pass to the heirs legally.
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.
Can heirs transfer deeds to someone since the property is not yet partitioned and there is no will?
You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.
Can you own the property of a deceased person if you are an heir to the property?
A decedent's property passes to their heirs according to the provisions in their will or according to the state laws of intestacy if there is no will. An estate that has real property must be probated in order for legal title to pass to the heirs. Once the estate has been probated the heirs are the legal owners of the property. You can check the state laws of intestacy at the related question link provided below.
Does an estate have to go into probate if there is a will in place?
If there are bank accounts, investment accounts, life insurance, real estate or any other property owned by the decedent then the estate must be probated. An executor must be appointed by the court and will be given the authority to transfer the property. For the title to real property to vest in the heirs the estate (will) must be probated.
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.
How long can mineral rights go without being probated in ND They were in a estate in which the lady died in 1989 and never has been probated?
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
How do you transfer the title to estate property into the names of the beneficiaries?
The decedent's estate must be probated in order for title to pass to the heirs legally. You should consult with an attorney who specializes in probate law.The decedent's estate must be probated in order for title to pass to the heirs legally. You should consult with an attorney who specializes in probate law.The decedent's estate must be probated in order for title to pass to the heirs legally. You should consult with an attorney who specializes in probate law.The decedent's estate must be probated in order for title to pass to the heirs legally. You should consult with an attorney who specializes in probate law.
Does Massachusetts require probate following a death?
If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.If the decedent owned any property- yes. Real property cannot pass to the heirs legally 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.
My father died without a will and I inherited his property. His estate was not probated. Do I have legal title?
The property is still in your father's estate and his estate must be probated. You are not the legal owner.In order for title to real property to pass to the heirs-at-law in an intestate estate (no Will) or under the terms of a Will, the estate must be probated. Title is passed to the heirs by the probate process. You cannot "title" the property in your name until the estate has been probated. You cannot sell or mortgage the property until the estate has been probated. Until you probate the estate you only have what is called equitable title.You should consult with an attorney who specializes in probate who can review your situation and explain your options.
