Q: My single brother passed away in Ohio w/o a will. He owned a home. Do I have to go to probate to become the home owner
He has no children or spouse. The home is paid in full. His funeral has been paid in full.
A: Check his deed to see if any other owners are identified on the deed, such as joint tenants with right of survivorship, or if there are transfer on death designees. Also check the real estate records in his county to determined if he might have recorded a transfer on death affidavit. Use the Find a Lawyer tab here on Justia to consult a local probate attorney who can check those records. If there are no transfer on death affidavits, and no designations or survivorship provisions in the deed, then you will have to open a probate estate for your brother to transfer the home. Without a will, if your parents are living, the home will go to them. If not, then to you and any of your siblings. Check with a probate attorney.
Kenneth V Zichi agrees with this answer
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