Discussion:
PROBATE OF AN ESTATE IN TESTATE??? HELP
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Larry Von ND
2015-07-27 03:21:24 UTC
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need an answer re probate of an estate, of the party who died without a will.
she left a home with a 160000 mortgage from wells fargo, home's market value is 180000. She has 2 sons. My question is: if the sons do not open probate, can the bank start the process, so they liquidate or sell the home to recover their loan, or is it all up to the 2 heirs to start probate?
deadrat
2015-07-27 04:36:15 UTC
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Post by Larry Von ND
need an answer re probate of an estate, of the party who died without a will.
There's no will, so there's nothing to probate. Somebody will have to
be appointed as the administrator of the estate.
Post by Larry Von ND
she left a home with a 160000 mortgage from wells fargo, home's market value is 180000. She has 2 sons.
My question is: if the sons do not open probate, can the bank start the process,
so they liquidate or sell the home to recover their loan, or is it all up to the 2 heirs to start probate?
It's impossible to answer your question in any detail because the rules
differ by jurisdiction. If there's no will to appoint an executor, then
generally, somebody applies to the probate court to act as the deceased
personal representative or estate administrator. If the heirs won't do
it, it's possible that a creditor can ask for the appointment.

You'll have to check the statutes that apply in the state in which the
deceased was a resident.

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