answersLogoWhite

0


Best Answer

In theory, the executor and attorney for the estate can rent to the highest bidder. However, other factors may be considered like when rent will be paid and in what form of lease. When a landowner is deceased, their estate must be opened and an executor is appointed. Often an estate will require at least nine months to complete and often it will take longer when a business or rental property is involved. For the duration of the estate, the executor is charged with the duty to protect the assets of the estate and pay the debts of the decedent. The executor and the attorney will determine how to accomplish these tasks. Therefore, theoretically if the renter is the highest bidder, and the lease may be completed or "paid up" prior to the end of the estate proceedings, the executor may rent the land to the heir if he fits these criteria. At a minimum, the heir would need to be the highest bidder.

User Avatar

Wiki User

14y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

13y ago

An estate that holds real property must be probated in order for legal title to pass to the heirs. The assets cannot be sold until the debts of the decedent have been paid. You can sell your interest after the estate has been probated but your grantee will receive only your interest in the property. Your grantee will become a tenant in common with the other owners. It is difficult to find a willing buyer under those circumstances. Your deed cannot convey any interest owned by other heirs.

This answer is:
User Avatar

User Avatar

Wiki User

10y ago

They can only transfer their own interest in the property. In addition, an estate that holds real property must be probated in order for legal title to pass to the heirs.

They can only transfer their own interest in the property. In addition, an estate that holds real property must be probated in order for legal title to pass to the heirs.

They can only transfer their own interest in the property. In addition, an estate that holds real property must be probated in order for legal title to pass to the heirs.

They can only transfer their own interest in the property. In addition, an estate that holds real property must be probated in order for legal title to pass to the heirs.

This answer is:
User Avatar

User Avatar

Wiki User

10y ago

They can only transfer their own interest in the property. In addition, an estate that holds real property must be probated in order for legal title to pass to the heirs.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Can one of many heirs to an estate legally rent the land without the consent of the other heirs?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

How long can mineral rights go without being probated in ND They were in a estate in which the lady died in 1989 and never has been probated?

If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.


How would the administrator of an estate get a clear title of the house?

I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.


Can you be the hier of your step-great grandmother's estate who died without a will?

Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).


Can you be the hier of your step great grandmother's estate without a will?

Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).


Does the executor of the will have the right to rent the property to a 3rd party without all heirs concent?

The executor has the duty to preserve the estate in all aspects, including making money for it. The heirs' consent is not necessary.


How do you get deceased siblings names off inherited property so you can sell it?

An estate that includes real estate must be probated in order for title to pass to the heirs legally. You should consult the attorney who is handling the estate.An estate that includes real estate must be probated in order for title to pass to the heirs legally. You should consult the attorney who is handling the estate.An estate that includes real estate must be probated in order for title to pass to the heirs legally. You should consult the attorney who is handling the estate.An estate that includes real estate must be probated in order for title to pass to the heirs legally. You should consult the attorney who is handling the estate.


Are your stepchildren entitled to your estate?

Unless you legally adopted them your stepchildren are not your legal heirs.


Does Massachusetts require probate following a death?

If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.


If you have a home loan without mortgage insurance can the lender demand payment from your estate or heirs if you pass away?

Yes. The mortgage note is still a legally binding contract enforceable on the estate.


Can executor use monies from decedent's estate to pay property taxesinsurance on a residence jointly owned by some but not all of the heirs to the estate without prior consent of the heirs?

Assuming that the decedent's Will does not provide otherwise, and assuming that the decedent was liable for the taxes and insurance, or assuming that the residence is included in the decedent's estate, then yes.


How do you transfer title to home in name of an estate to an individual if will never probated?

When a person dies owning real estate their estate mustbe probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.


How do you transfer the title to estate property into the names of the beneficiaries?

The decedent's estate must be probated in order for title to pass to the heirs legally. You should consult with an attorney who specializes in probate law.The decedent's estate must be probated in order for title to pass to the heirs legally. You should consult with an attorney who specializes in probate law.The decedent's estate must be probated in order for title to pass to the heirs legally. You should consult with an attorney who specializes in probate law.The decedent's estate must be probated in order for title to pass to the heirs legally. You should consult with an attorney who specializes in probate law.