Q: Do the PR need to Petition the court for approval to Transfer the Property to self before Recording the PR Deed to self?
Only 2 heirs, one is the Personal Representative, with an agreement between heirs that the PR Heir will take over the Property, the other heir simply do not want any interest in it. The other Heir is not requesting any payment for relinquishing interest. The property has no Mortgage & a SEV value of approximately 11,000
A: It depends on the restrictions included on the Personal Representative's Letter of Authority. If it contains a restriction against conveying, selling, transferring property which is standard in Wayne County Probate Court, then prior court approval is required before the PR can execute a fiduciary deed transferring the property to the other heir.
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