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To avoid probate the property must either pass automatically to a joint owner upon death, or the owner must be a non-individual, such as a corporation, trust, family limited partnership, or the like.

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17y ago

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Do you have to probate two times when a person dies and leaves two houses one in Texas and one in Arizona?

Yes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate court


How can you avoid probate upon inheriting your dads home?

You cannot avoid probate unless the property was owned by you and your father as joint tenants with the right of survivorship. That type of ownership provides that when one tenant dies their interest in the real estate passes automatically to the surviving joint tenant and bypasses probate. Otherwise, when a person dies owning real estate, the estate must be probated in order for title to the property to pass to the heirs legally.


How do you transfer title to home in name of an estate to an individual if will never probated?

When a person dies owning real estate their estate mustbe probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.


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.


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.


How does a family find land held in trust from their great great grandfather?

You would need a title examination performed by a professional. You should contact an attorney who specializes in real estate and probate law. They can arrange to have the title researched.You would need a title examination performed by a professional. You should contact an attorney who specializes in real estate and probate law. They can arrange to have the title researched.You would need a title examination performed by a professional. You should contact an attorney who specializes in real estate and probate law. They can arrange to have the title researched.You would need a title examination performed by a professional. You should contact an attorney who specializes in real estate and probate law. They can arrange to have the title researched.


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.


How do you transfer a deed of a house when the owner dies and there is no mortgage?

The estate must be probated and the title to the real estate will pass according to the provisions of the will or according to the state laws of intestacy if there was no will. Any estate that holds real estate must be probated in order for title to the real estate to pass to the heirs at law. After the probate process is completed the heirs can keep or sell the property and divide the proceeds. The attorney who handles the estate can assist in drafting a new deed in the names of the heirs at the proper time in the probate process if they wish to keep the property. You should consult with an attorney who specializes in probate.


How do you file a quit claim deed on dead parents and 10 children?

You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.


You are executrix of your aunts estate and need to change property title into my name in 2 different states. How do you do this?

Your aunt's estate must be probated in both states in order to pass title to you legally. The will must be filed in the state of primary residence and the executor appointed by the court. Then some sort of ancillary probate will need to be filed in the other state where she owned real estate. You should discuss it with an attorney who specializes in probate law and who can review your situation and explain your options in each state.


What do you do when a property is in an estate and one of the beneficiaries quit claims it to themselves with the consent of the executor?

It is likely that the deed is invalid. There are statutory requirements to transfer legal title to real estate from the estate of a decedent. The estate must be probated for legal title to pass to the heirs. You should contact the attorney who is handling the estate or consult with a probate attorney if an estate has not been filed with the probate court.


What do you need to do to file a title suit for some mineral rights your father is deceased and did not have will or an estate?

Open an estate! That is the whole reason to have one, to insure property is properly transferred. Consult a probate attorney in your state.