In Arizona, probate is always required for wills and assets that aren't in a trust or included in a transfer-on-death deed. Probate is also required for large estates consisting of personal property valued at over $75,000 and real estate property valued at over $100,000.
There may be additional hearings to resolve contests, and the executor will probably need court approval before making major decisions and actions. Informal probate is obviously the quickest and can conclude in 4 – 6 months. Formal probate may take up to a year or longer.
It can be easy to become overwhelmed with managing and balancing everything required to close out a deceased loved one's estate, especially when Arizona Probate law can be so time consuming. This is why it's highly recommended that you contact an experienced Arizona Probate lawyer.
Do all heirs have to agree to sell property in the Philippines? Yes, all the heirs have to agree to sell property for a Deed of Extrajudicial Settlement of Estate with Absolute Sale. If the heirs cannot agree on the sale, then they can split up the property but they still have to settle the estate.
If a person other than the owner attempts to sell the property, the transaction is considered illegal. This type of sale falls under fraudulent transactions and can be nullified under Philippine law. Even if the buyer was unaware that the seller was not the legitimate owner, the sale would still be void.
In summary, the father may not legally sell the entire property without the children's consent if the property is part of the estate of the deceased mother. Any sale done without the agreement of all heirs can be contested in court and possibly declared void.
Methods of Property Transfer This can be done through either a sale or a donation. Sale: The parent may opt to sell the property to the child, either at market value or below. A notarized Deed of Absolute Sale will be required, along with other documents, such as the Transfer Certificate of Title and tax declarations.
The sale, mortgage, or disposal of conjugal properties in the Philippines cannot be done unilaterally. Both spouses must give their consent before any such transactions can be validly executed.