How do I go about selling my father’s real estate and vehicle after probate has concluded?
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How do I go about selling my father’s real estate and vehicle after probate has concluded?
All the property is in my father’s name. Will I be given paperwork that allows me
to sell the property. How does this work? Or should I have the property put in my
name during probate?
Asked on July 30, 2019 under Estate Planning, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
During probate, you will be given the authority, either as executor (if he had a will naming you executor) or personal representative or administrator (either term might be used; if he had no will but you applied, as his child, to the court for this role) to transfer or sell the property. If there are other heirs or beneficiaries, you should use the authority to sell his assets during probate, then divide the money as required among the heirs and beneficiaries. If you are the only heir or beneficiary, you can sell the assets during probate and distribute the money to yourself or else transfer the assets to your name if you'd rather keep the real estate and/or car.
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