Q: My grandmother willed her house to be sold and the proceeds go to my brother and I. Does it still have to go thru court?
I was made the executrix in the will and I've already paid her hospital/medical bills. She didn't have any credit card bills. I had a buyer for the house but was told it had to go thru probate court which would take 4 months. The buyer backed out because it was going to take so long. Also I was going to be charged a hefty amount to a probate lawyer who was separate from the realtors. Would a quit claim be something that can be done here to sell faster?
A: The sale of the property and the probate process are not tied to each other. You can complete the sale while the probate process is open, but it generally involves putting all or some of the sales proceeds in "escrow" until the period for creditors claims has expired. Most buyers want clear title- and making sure there are no unpaid creditors of the deceased is the reason for submitting the will for probate. Yes, you and your brother could quitclaim the property without the process, but that exposes the buyer to potential claims ( and I doubt any sophisticated buyer would ever do this). Again, you can complete the sale during the process, but some of the money will need to be held in the event a claim is filed. If the probate lawyer is too expensive, shop around.
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