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If there is a will the named executor must submit the will to probate and petition for appointment as the Executor. If there is no will then a qualified person (family member) must petition for appointment as the Administrator of the estate. When the petitions are 'allowed' the estate comes under the control and supervision of the probate court.
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Is real estate tangible personal property for purpose of probate?
No, land is Real Property.
How do you get a deed to real property if the owner passed away in Texas?
The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.The estate must be probated when the decedent owned real property. You should contact an attorney who specializes in probate law.
What laws effect ownership of real estate from out of state?
The laws of real property and probate in the state where the property is located control ownership.
Is probate needed when you inherit a home with a mortgage?
The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.
Is probate of will compulsory?
Probate of the will is compulsory if the decedent died owning real property. The will must be allowed by the court and an executor must be appointed for the title to the real estate to pass to the devisees.
Can probate court order the selling of real property?
Yes. In most jurisdictions the probate court (and other courts) has authority to handle matters concerning real estate. The most common situation in which the court would order the sale of real property would be a partition action.
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.
Your dad died owning real property and you are the only child. What do you have to do to sell this property?
You need to consult with an attorney who specializes in real estate and probate law. Your father's estate must be probated in order for title to the real estate to pass to you legally. It can only be sold by the estate Administrator under a license to sell issued by the court or by you once the probate procedure has been completed and you own the property.
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 do you quit claim a property if the owner is dead?
If the person died owning real property their estate must be probated in order for title to the real property to pass to the heirs legally. Until that is done no one owns the property legally. The decedent's property cannot be distributed until their debts have been paid. You need to contact an attorney who specializes in probate law.If the person died owning real property their estate must be probated in order for title to the real property to pass to the heirs legally. Until that is done no one owns the property legally. The decedent's property cannot be distributed until their debts have been paid. You need to contact an attorney who specializes in probate law.If the person died owning real property their estate must be probated in order for title to the real property to pass to the heirs legally. Until that is done no one owns the property legally. The decedent's property cannot be distributed until their debts have been paid. You need to contact an attorney who specializes in probate law.If the person died owning real property their estate must be probated in order for title to the real property to pass to the heirs legally. Until that is done no one owns the property legally. The decedent's property cannot be distributed until their debts have been paid. You need to contact an attorney who specializes in probate law.
When owners of property passes with no Will made will estate go into probate?
Without a will the property must go into probate. There is no other way to transfer the property.
Is probate procedure required in Illinois?
A probate proceeding is required when a person dies who is the sole owner of property. Title to real estate must pass through probate in order to vest in the heirs. In some jurisdictions there is a speedy process when there is personal property under a minimum dollar amount or the only property is a motor vehicle. You should seek the advice of an attorney.
