Q: Does the person designated as an executress still have to file the will with the courts to sell the deceased real estate
Hi I live in PA and my husbands grandmother passed away 2.5 years ago. In her will it states that we are to be the first ones able to buy her house which we have lived in for the last 7 years. His mother who is designated in the will as executress of the will has not done anything legally with the will since her death. She is trying to tell us she does not have to file the will with the courts bc she is the only child so no legal proceedings have to be done. After talking to friends and family who have been in charge of a will and someone's estate they have informed me that what she claims is wrong and that she has to go to probate court and be appointed by the court as executress of the will before anything can happen. I'm sure this is true and she is trying to do things illegally but I want to make sure we are correct before we make any decisions about anything.
A:
You are correct in your concerns and your husband's mother is not correct.
The Will must be "probated," which means filing it with the Register of Wills. That will open the estate and your mother-in-law, if so designated in the Will, will be appointed Executrix. As Executrix, she can then execute a deed for the sale/transfer of the real estate. Only the Executor/Executrix has the right to execute a deed in Pennsylvania. It is important to do this before the Will gets lost or destroyed. If the house is sold, the proceeds would then be distributed in accordance with the Will. There are other forms that would have to be completed and inheritance tax will have to be paid by whoever receives the cash from any sale, or by the Estate on behalf of that person, if the Will so provides.. Your mother-in-law will need a lawyer to help her with all this.
If your mother-in-law simply does not want to have to be involved in the estate administration, she can renounce, and give the responsibility to an alternate named in the Will, or, if none, to her child or children.
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