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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33726
Experience:  15 years real estate, Realtor. Landlord 26 years
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If home owners have been deceased than 30 yrs. what steps

Customer Question

If home owners have been deceased for more than 30 yrs. what steps can heirs take to change name on deeds?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has anyone ever filed a probate case to settle their estate?

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thanks

Barrister

Customer: replied 6 months ago.
no,
Expert:  Barrister replied 6 months ago.

Ok, then someone is going to have to file a probate case for the deceased parties because that is the only way that someone can get legal authority to sign a deed over from the estate to the heirs, or sell the property and divide up the money between the heirs.

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Only the Administrator of the estate has the power to do anything with a deceased person's assets. And they can only be appointed Administrator by a probate court judge after filing a petition to be appointed to settle the deceased person's estate.

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thanks

Barrister

Customer: replied 6 months ago.
how would I go about filing a probate settlement?
Expert:  Barrister replied 6 months ago.
Ok, then someone is going to have to file a probate case for the deceased parties because that is the only way that someone can get legal authority to sign a deed over from the estate to the heirs, or sell the property and divide up the money between the heirs..Only the Administrator of the estate has the power to do anything with a deceased person's assets. And they can only be appointed Administrator by a probate court judge after filing a petition to be appointed to settle the deceased person's estate...thanksBarrister
Expert:  Barrister replied 6 months ago.

You would have to contact the local probate court in the county where the deceased lived and then file a petition to open probate and be appointed Administrator or Executor (if they had a will). Then there is a hearing where the judge formally appoints you and after that, you have the legal power to gather all assets, pay any debts, file any taxes, and then distribute any surplus assets to the heirs.

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thanks

Barrister

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