Petition Probate Estates Foreclosure
Description
How to fill out Petition For Representation Of A Probate Estate's Insolvency And Request?
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FAQ
This is a common situation that arises and a question that we get, as Houston probate attorneys. The short answer is that, yes, the bank can foreclose, but the heirs are not without remedies. There are steps they should take before, or even after, the foreclosure.
Can a bank foreclose on property in probate? Yes. Whether the property is a home, an apartment, land, or otherwise, a bank can foreclose on property owned by an estate even when that estate is in probate.
California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.
How to File a Petition for Probate in California - A Step by Step Guide Identify the appropriate county. Download the appropriate Petition for Probate form. Take the will and petition to the probate court clerk's office. Send a copy of the Will to the Executor (if applicable)
You can complete probate on your own, but an attorney can make the process easier.