What is the name of your state? California
OK, thanks to the helpful answers to my earlier post, learned a bit more about the probate system - figured out the following:
1. the estate is less than 100K, so simplified probate seems applicable.
2. unsecured debts are minimal, negotiable, and heirs would be willing to assume them in simplified proceeding depending on the answer to the following...
3. there is a mobile home (understand that can pass in simplified of via DMV title) on a small, owned lot (this lot is the only asset of any real value in the estate). There are two tax liens on this lot - can these liens pass through with the property in a simplified probate, or must a full probate be undertaken and the property be sold in the probate process to meet the liens?
The heirs are of extremely limited financial means and could file offer in compromise on the taxes supposedly due (they were levied against a disabled senior who took money out of retirement accounts to survive... so may be contestable on that basis?).
So, the question is: whether a lien encumbered property can pass through either a simiplified or regular probate WITH those liens or whether the executor/heirs are forced to settle those liens by a forced sale of the property in a full probate?
Thanks for any guidance and responses!
OK, thanks to the helpful answers to my earlier post, learned a bit more about the probate system - figured out the following:
1. the estate is less than 100K, so simplified probate seems applicable.
2. unsecured debts are minimal, negotiable, and heirs would be willing to assume them in simplified proceeding depending on the answer to the following...
3. there is a mobile home (understand that can pass in simplified of via DMV title) on a small, owned lot (this lot is the only asset of any real value in the estate). There are two tax liens on this lot - can these liens pass through with the property in a simplified probate, or must a full probate be undertaken and the property be sold in the probate process to meet the liens?
The heirs are of extremely limited financial means and could file offer in compromise on the taxes supposedly due (they were levied against a disabled senior who took money out of retirement accounts to survive... so may be contestable on that basis?).
So, the question is: whether a lien encumbered property can pass through either a simiplified or regular probate WITH those liens or whether the executor/heirs are forced to settle those liens by a forced sale of the property in a full probate?
Thanks for any guidance and responses!