Q: Do my brother and I have to probate my father's will in order to get a new deed for property he left us?
The property was in both my parents' names. She died in 2015 and he died this year. My brother and I are the heirs in his will. We have the deed, both their death certificates, and the will. We did not probate her will since she left everything to him.
A: the answer depends somewhat on your plans for the property. if you plan to sell or borrow money using the land as collateral any time soon, you will need to probate the will since either of those options will involve some for m of 'title search" being done , and that search will raise issues resulting from the death. So, if that is the plan, its better to resolve the issues now than wait months or even years later. There is also a limited form of "probate" to establish title but that's too complicate to explain in this format. Most estates can be settled fairly quickly ( about 4 months) and some people are able to do the process without a lawyer. Many lawyers offer a free initial consultation, so talk to an experienced real estate lawyer, ( and talk to more than one- shop around).
A:
In order to get the property into your name so you can sell, refinance or otherwise manage the property, yes, you have to probate it unless there is a deed to place it into your name. Your father, as the surviving joint tenant would have needed to sign the deed, and thus you need to probate his estate to get authority to transfer from his name.
This is assuming your parents owned the property as 'joint tenants with rights of survivorship' or some similar form of joint tenancy.
I's strongly recommend you take the paperwork you have to a local probate attorney to review. This probably won't be a horribly expensive estate to probate, and it will save you much time and hassle later on, and also provide you some peace of mind concerning your parents debts all at the same time. Don't let the word 'probate' scare you — this does not have to be lengthy or expensive!
This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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