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What if the heirs do not have money to pay probate and the estate is only real estate?
Wiki User
∙ 11y ago
In order to transfer the real estate, they will have to have an estate and someone with authority to sell the property. The executor could take a loan out against the property to resolve the debts or to cover costs until sale.
Wiki User
∙ 11y ago
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Do we have to go to probate court if a will is uncontested?
The executor of the estate submits the will to probate court if it is necessary to do so. It is only necessary when there is a large estate, many heirs, outstanding debts, or a possibility if someone is going to contest the will. In a case where the will isn't going to be contested a lot of time and money can be saved by doing a "short probate" if available or not choosing to submit the will to probate court at all. You will still need to go to probate court. The process is faster though and you will be put on the uncontested docket.
What can cause an estate to go into probate?
The decedent's property is distributed according to the provisions in the will, or according to the state laws of intestacy to the heirs at law, after the debts of the decedent and any taxes and costs of probate are paid.
My father died without a will and I inherited his property. His estate was not probated. Do I have legal title?
The property is still in your father's estate and his estate must be probated. You are not the legal owner.In order for title to real property to pass to the heirs-at-law in an intestate estate (no Will) or under the terms of a Will, the estate must be probated. Title is passed to the heirs by the probate process. You cannot "title" the property in your name until the estate has been probated. You cannot sell or mortgage the property until the estate has been probated. Until you probate the estate you only have what is called equitable title.You should consult with an attorney who specializes in probate who can review your situation and explain your options.
Do you have to go through probate if there is no will?
When a person dies without a will, their belongings are said to be intestate, and the case will be probated. If there is no money, property, or jewelry that the person wants to leave to someone, it is best to settle in probate for any possessions.
Can property owned by a decedent be sold by anyone other than the heirs in the Will?
The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.
How do you spend the money from your husbands estate in the state of pa?
Only the executor can do that. They will have a letter of authorization from the probate court. They will provide a complete accounting to the court for the estate and what was spent.
Can an heir take out a loan against an estate in probate if the other heirs object?
An heir to an estate that is in probate can receive an "advance" against his or her beneficial interest in the estate. Because the "advance" only affects that heir's share, it can be done without the consent of the other heirs. Most of these transactions are structured as purchase agreements, not interest bearing loans. The advances are also "non-recourse" meaning that if the heir does not inherit enough to pay off the advance, the heir has no legal responsibility to repay it.
Can the executor of estate take ownership of home in MI probate if all heirs agree can you do quit claim deed to executor when deceased grandma only person on deed?
If the beneficiaries are in agreement and there are no debts remaining, yes. The estate can quit claim to the beneficiary.
When the deceased only has a house value 145000 there are NO other assets her son is the executor and the house is to be split half and half with his daughter does he need to obtain probate?
Yes. The estate must be probated in order for title to the real estate to pass to the heirs legally.
Does a will have to be probated if their are only two heirs to the estate?
Yes.
Who is responsible for a deceased mother's credit card debt which is in her name only and property has transfer on death on dead avoiding probate?
The estate is responsible to pay outstanding debt before being distributed to the heirs.
Can you sell deceased auto and put money in estate before probate Florida?
only if you are named administrator and the lawyer authorizes you to do so
