The Missouri Petition For An Order To Sell Real Property is a legal document that is used when a person or entity wants to sell real estate in the state of Missouri. The petition must be filed with the court in the county where the property is located and can be used to either sell a property through the court or to appoint a commissioner to sell the property. There are three types of Missouri Petition For An Order To Sell Real Property: Petition to Sell Real Estate in Partition, Petition to Sell Real Estate by Commissioner, and Petition to Sell Real Estate in Lieu of Foreclosure. Each type of petition has specific requirements to be met in order to be approved by the court. These requirements include providing a legal description of the property, identifying the parties involved in the sale, and providing a list of creditors who may have a claim against the property. The court will review the petition and issue an order authorizing the sale of the property.
Missouri Petition For An Order To Sell Real Property
Description Real Property Contract
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FAQ
Probate is required when a person dies. It is the process through which property is transferred from a deceased person to those entitled to an inheritance. In Missouri, probate must be opened in the county of the decedent's domicile within one (1) year after the decedent's death.
A full probate administration must generally be opened within one year from the decedent's date of death. Also, a Will must be filed within one year from the decedent's date of death.
If a deal cannot be made, and one party refuses to sell the property, it may be necessary to bring a partition lawsuit. Sometimes the co-owner of a piece of property is a trust. The trustee of a trust can also bring a partition suit to try and force the sale of the property.
No probate estate can have been opened, commenced, or administered. All of the legal heirs (as specified under Missouri law) and each of the heirs' spouses must be in agreement and willing to cooperate.
A ?discovery of assets? claim is a probate claim in Missouri in which an interested party in an estate may seek to re-title property wrongfully taken from an estate back into the estate's name.
Can You Sell a House in Probate in Missouri? Yes, you can sell a house in probate in Missouri. But to sell a house in probate, it must go through probate court to have the court approve the sale since the court is in charge of the estate until it's closed.
Under a Texas law known as the "Uniform Partition of Heirs' Property Act," in a situation like yours where siblings own inherited property, and at least one co-owner refuses to sell, the other owner (or owners) who do want to sell can go court and force a sale or a division of the property.
When beneficiaries disagree, it can drastically slow the distribution process. In some cases, severe disagreements may even lead to arbitration and estate litigation.