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There are two main requirements to probate a will for muniment of title: 1) the beneficiary must be transferring only ownership of real estate rather than any other type of assets; and 2) the decedent must have left a valid will.
When heirs' property is created, the heirs own all the property together (in legal terms, they own the property as ?tenants in common?). In other words, they each own an interest in the undivided land rather than each heir owning an individual lot or piece of the land.
Probate is a critical court process that verifies wills or determines estate representatives after a person passes. How probate works and when it's necessary varies widely between states. In Tennessee, probate laws require court supervision for estates worth over $50,000 and those that include real estate.
If all inheritors do not agree then the property cannot be sold. Chill! If majority of the inheritors are willing to sell the property they need to go through a probate court. The inheritors can file a 'partition action' lawsuit in the probate court.
If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.
This means that all heirs do not have to agree on what to do with the property in order for it to be sold. If even one co-owner wants to sell the property, a partition action will force the sale of the inherited property. An experienced partition attorney can ensure the best outcome for co-owners who disagree.
If you want to avoid probate, or keep the probate issues to a minimum, there are some things you can do. Get a Living Trust. ... Joint Ownership. ... Payable-on-Death Designations for Bank Accounts. ... Transfer-on-Death Registration for Securities. ... Contact Judy A.
If you are the only person named as the property's beneficiary, you have control over whether you sell it. But if you're one of multiple co-owners, you'll need your co-heirs' input about selling the house. Still, if one person wants to sell, they can force the sale.