0
Yes. Generally, an estate that holds real estate must be probated in the state where the land is located. Generally, if the decedent's estate is probated in the state where they lived and there is land in another state an ancillary probate must be filed in the state where the land lies. In an intestate estate, land is distributed according to the laws of intestacy of the state where the land is located.
What else can I help you with?
How can a person prove they are the heir of some property?
The proof is in the estate that was duly probated in the probate court. When a person dies owning real property their estate must be probated in order for legal title to pass to the heirs. The judgments filed in the probate court provide proof of title.
Can you do a partitation on property were there is a will?
Yes, when there is a will, the property is distributed according to the deceased person's wishes as outlined in the will. The executor of the will is responsible for overseeing the distribution of assets to the beneficiaries as per the instructions in the will. It is advisable to engage legal counsel to ensure the proper execution of the will and the distribution of the property.
How do you establish an irrevocable trust with a life estate?
Trust law is one of the most complex bodies of law. The provisions to draft a valid trust vary from state to state. Errors made by non-professionals, even some attorneys, can be deadly and very expensive to correct IF they can be corrected. You need to consult an attorney, with a good reputation, who can review your situation, understand your needs and explain your options. There are tax consequences that must be considered when making transfers to a trust. If the trust fails, the property will remain in the trustor's estate and the estate will need to be probated, trust property will not pass as desired and various taxes may be owed by the estate on the trust property. If you are contemplating such a complicated method of estate planning you need to consult a professional.
Can an executor of an estate sell a house that is still in the deceased parents name in the state of Georgia?
No, you will need to take a copy of the property deed, death certificate, and will to a Title Agency and have the deed transferred in your name. You will also need to wait till the closure of the probate period as someone can make objections to the court, that could be costly if the court invalidates the will.ClarificationYes, as long as the executor has been appointed by the court and follows the rules for the sale of real estate. Any estate that has real estate must be probated.When a person dies owning real estate their estate must be probated in order for legal title to pass to the heirs or for the property to be sold. There are many variables to consider. If your last parent to die owned the property by survivorship then their estate must be probated. A personal representative (executor) will be appointed. The PR can sell the real estate if they were given that power in the Will. If there was no Will or if there was no such power granted in the Will, the PR must petition the probate court for a license or court order to sell the property. Only under those conditions can the PR execute a valid deed.On the other hand, the family could wait until the probate has been completed and they are the legal owners and then they can execute a deed to sell the property. That deed should be drafted by an attorney who will know how to draft a proper deed for the jurisdiction and also how to include the source of title properly.
How do you find out what is in someone's will?
If the will has been probated, it becomes a public record, just as property deeds are when they are recorded. You should be able to go to the probate court where the will was probated and ask to see the will or to get a copy of it. You should be able to get this whether you are in the will or not.
Can a deceased resident of New Hampshire have their will probated in Massachusetts?
There will should be probated where they owned property. In addition, their will must be filed for probate wherever they owned real property, even if it was located in more than one state. Estates that pass title to real property must be probated in order to establish legal title.For example, if the person lived in NH and owned property there, the estate must be probated in NH.If the decedent also owned real property in Massachusetts, exemplified copies of the NH probate would need to be filed in the county in Massachusetts where the land is located.If the decedent only owned property in Massachusetts their estate must be probated in Massachusetts.
Is a will the same as a sale deed?
No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.
If a resident of Florida has a will that was written in Tennessee does it need to be probated in Florida?
Yes. The will has to be probated in the state where the decedent resided at the time of death. Most states allow a foreign will as long as it meets the legal requirements of the state in which it was executed. If the decedent owned property in any other state the Will must be probated in the other states as well.
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.
Does a will have to be probated in the county of death or residence?
Where a will is probated (called venue) with depend on your state's law. In California, the proper venue for probate of a will is the county of the decedent's residence or any county where the decedent owned real property. Sometimes, a will is probated in more than one state. This occurs where the decedent owned real property in more than one state, say California or Nevada. This is required because only a court located in the same state as the real property may make valid orders as to that property. In this case, a primary probate is opened in one state. This is where most of the work of administration occurs and where the will is "admitted" (think validated) by the probate court. A second probate, called the ancillary probate, is opened in .the other state. This ancillary probate only deals with the property of that state, either transferring it to the designated heirs or liquidating the property and transferring the proceeds to the administrator of the primary probate for final distribution. Due to the full faith and credit act, one the will is admitted in the state of primary probate, it cannot be later attacked when used to open the ancillary probate. Another situation is where the decedent died in one state, say California, but only ones real property in another state, say Oregon. Here, the will normally needs only to be probated in the state where the real property is located, possibly avoiding the need for ancillary probate. There is a bit of a decision on where to probate the will. Cost, time, the administrator's state of residence, and court rules and regulations all come into the decision and an attorney should be consulted. You can see that this system can become complex and not cost effective for persons owning property in more than one state, which is why living trusts are used in these situations. Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.
My husband is on the deed we are both on the mortgage and he has died. Am I responsible for the debt?
If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.
There is no name on the deed and someone owns 50 percent of the property and half was devised by the Will. What should you do?
The estate must be probated. You need to consult with an attorney who specializes in probate and take the will with you. Any estate that has real property must be probated.
Mother leaves will to son but son dies does his spouse have any rights to property?
If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below. If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.
If a owner dies owning real estate that they acquired by a quitclaim deed does their estate need to be probated?
Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.
Does the appointed Executor need to be a resident of state where Will is probated?
It is not a requirement in most cases. The state may require a bond for the executor.
What state would you need to get a letter of testamentary from if your mom died in Washington and you live in Oregon and her will is from Oregon?
You can get letters testamentary from wherever the will is going to be probated. So go to the county courthouse probate court in Washington and get them or hire a probate attorney to do this form you.
You live in North Carolina and have property in Maryland Would you need to have a lawyer in Maryland to handle your will or trust?
I don't know specifically about NC or MD, but you shouldn't need an MD lawyer. However, if you have real property in MD, you might need an MD attorney to handle retitling the real property by conveying it to your trust or to your heirs after your death. ==Clarification== States have statutory provisions for the allowance of a foreign will when the decedent died in one state owning property in another. An executor must be appointed in the state where the land is located in order to transfer the title to the property. If the real property has been transferred to a trust the provisions of the trust MUST meet the requirements for a valid trust in the state where the land is located. If the trust isn't valid in the state where the land is located, title remains in the trustor and the estate of the trustor must be probated in order to transfer title. If the trust is valid the trustee can transfer the property even if it is in another state. You should seek the advice of an attorney to help with your estate planning.
