If the beneficiaries are in agreement and there are no debts remaining, yes. The estate can quit claim to the beneficiary.
either by the deceased in the will or by the probate judge
A grant of probate is a legal document issued by a court that confirms the validity of a deceased person's will and gives authority to the named executor to administer the estate according to the terms of the will. It allows the executor to collect and distribute the assets of the deceased individual in accordance with the law.
The probate court will appoint an executor. It is often a family member or a neutral party.
When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.
It is the person named by the deceased (prior to their death, of course) in their will to carry out the provisions of the deceased's will. The executor must be appointed by the probate court in order to have any legal authority.
Every state will have different laws; however in general you will need a death certificate, probate court document identifying the executor and the Certificate of Ownership (or similar document the state uses to confirm title). The Certificate of ownership is signed as the state requires, and the death certificate and probate document given to the buyer, who goes and transfers title to himself.
The executor IS the owner of the property, for the purpose of probate.
Answer: You need proof of death to file a petition for probate.
You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.
The executor is responsible to the court. Anyone with an interest in the case can present his concerns to the probate judge. The executor does not owe anyone anything. No one can tell the executor to do anything. If the probate judge instructs the executor to give you a copy of the report, you will get a copy of the report. If you do not present your concerns to the probate court, you are Sadly Out of Luck.
Yes, the person named by the deceased as administrator of the will is called the executor. The job of the executor is (out of the deceased's estate) to settle all the deceased outstanding debts and pay for the funeral. Then the executor adds up everything in the deceased's estate, pays any outstanding taxes and any inheritance taxes that may be due and presents the account of all this along with the will to a special court called a probate court. If the court is happy with what has been done the executor is then granted a probate document which allows him dispose of the remainder of the estate as the person's will instructs. Without the deed of probate, companies like banks and stockbrokers will not accept the executors instructions to do things with the deceased's property.The filing of the will is the act of presenting it (and the accounts) to the probate court.
That will depend on the probate court. The individual could be appointed as the new executor. Or the court could appoint another neutral party.