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If you have a will and deceased owned a house that you live in does it have to go to probate?
Yes, the proper way to change the property ownership is through the probate process.
What is the difference between probate assets and non-probate assets?
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.
How do you pay off a loan to a deceased lender?
The debt is paid to the estate through probate court procedures.
How does the suriving spouse claim deceased assets since there is no will?
Open an estate through the probate court. They can be appointed the executor. Consulting a probate attorney for your location is a good idea.
What if the grantor is deceased does the grantee sign as both on the recorder of deeds?
If the grantor is deceased the land can't be transferred unless the title was legally passed to a new owner through probate. You need to consult with an attorney who specializes in probate and real estate law.
If a property is owned by the daughter and the deceased mother is that considered the deceased estate?
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.
How can you get the money from your deceased mothers checking account?
The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.
A family member was killed in an auto accident in the state of kansas. Does insurance money paying for the totaled car have to go through probate?
It depends on who the car belonged to. If the car owner is not the deceased, no, it would not go through probate. Any insurance money paid as a result of the death itself would go through probate.
How do I get a letter of testamentary to close my deceased brother's small bank account?
That would normally be obtained through the court that handled the probate.
Can you contest entitlement property belonging to a minor child if the deceased's estate has not been probated?
In most cases the estate must be entered into probate before any property can be disbursed either through the terms of a Will or by the probate succession laws. What property is exempted from probate and can pass directly to the beneficiary is determined by the laws of the state in which the deceased last established residency.
Does the estate of everyone who dies have to go through probate regardless of the value of the estate?
With regards to estates in England & Wales the answer is no. Some bank and financial institutions will now release up to £30,000 others have stricter limits for example the Post Office will insist on Probate if the deceased's assets are over £5,000. Generally if the deceased owned land then probate is required.
If the mortgage on a house is paid do you still have to take it through probate?
That depends on several factors, the main one being the state probate laws, if there was a valid will, how the property is titled, and if the deceased had any outstanding debts.
