What does it mean to open up an estate?
When a person dies owning assets solely in his or her name, an estate must usually be “opened” by a personal representative to handle the assets and to settle the decedent’s affairs. The estate is opened by filing a Petition for Grant of Letters with a death certificate.
What should I do with my mother’s real estate?
If any of your siblings predeceased your mother or your father then their children (the grandchildren) would divide the share that would have gone to your predeceased sibling if alive. If the real estate was owned by your mother then you should open a probate for her and transfer the real property to the heirs.
When do you open an estate after death?
In this case, the estate should be opened in the decedent’s county of residence at the time of death, even if some property is located elsewhere. But not all states handle property in multiple countries this way, so check with a local estate planning attorney to make sure.
Do you need to be open about your estate plan?
Of course, not everyone is open about their estate plan, and many people are left with piles of documents that need to be sorted. If this is the case, the family will need to work closely with the estate lawyer to determine what the decedent owned and owed.
Where does a probate estate have to be opened?
Tangible, movable personal property like artwork, as well as intangible property, should be probated in the county where the decedent lived at the time of his death. But an ancillary probate estate would have to be opened in other states as well, where the decedent’s out-of-state property is located.
In this case, the estate should be opened in the decedent’s county of residence at the time of death, even if some property is located elsewhere. But not all states handle property in multiple countries this way, so check with a local estate planning attorney to make sure.
Tangible, movable personal property like artwork, as well as intangible property, should be probated in the county where the decedent lived at the time of his death. But an ancillary probate estate would have to be opened in other states as well, where the decedent’s out-of-state property is located.
How can I Sell my Mother’s real estate?
If the real estate was owned by your mother then you should open a probate for her and transfer the real property to the heirs. A probate for your father would have to be opened to deal with his share. The court appointed representative in each estate would have the authority to execute deeds to transfer the property.
Of course, not everyone is open about their estate plan, and many people are left with piles of documents that need to be sorted. If this is the case, the family will need to work closely with the estate lawyer to determine what the decedent owned and owed.