Q: Is it necessary to probate my mothers will who passed away 7 mos ago if her house is appraised at only $28,000?
I have siblings and my sister currently lives in the house. We would like to keep the house for a while and are not ready to sell but the will states the house be sold and divided equaly but does not state a time frame.
A:
If your mom was the sole owner of the house (or even a co-tenant), you will almost certainly have to probate her estate sooner or later in order to pass the title to her heirs or to sell the house -- in or out of probate. You won't be able to get a new mortgage on it or sell it without the probate. There are summary administration provisions in most states that are less expensive than normal procedures.
And be aware that many states have deadlines within which you can present the will for probate and in many instances the period is within 9 months of the decedent's death. You should immediately talk to an experienced probate lawyer to get advice about your specific situation before any pertinent deadline lapses. Many offer free initial consultations. Good luck
A: If the house is the only asset, you may not need to probate the Will. Alabama law provides that real property vests in the heirs at death. There is a document called an "heirship affidavit" that can be recorded with a new deed to place good title in the names of the heirs. You may want to consult with an attorney skilled in closings or real property law to further discuss whether this course of action is appropriate. It would certainly be less expensive than a probate.
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