Q: Father passed in Spring 2019 with a Will and debt free residence. Is the residence separate from the estate which is in
probate as Executor passed before father and no identified successor Executor? Residence was left to be distributed to children.
A: If the residence was in your father’s name then it is part of his estate. The probate court can appoint an executor. Usually a family member petitions the court to be appointed. A local probate attorney can help you with this.
A: An estate will need to be opened to pass title to the real property. It is not technically an asset of the estate but can be brought back into the estate if needed to pay creditors.
If the people/persons nominated to be executor in the will are deceased, then the clerk of court has the authority to appoint a family member of the deceased as personal representative of the estate.
I am glad to answer any other questions you have.
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