Q: We are in the process of selling heir property and one of the heir is deceased without a will or probate.
Will entire proceeds from sale have to be placed in probate?
A: You need to consult with a probate attorney in your area. If there is a deceased heir who owns a portion of the property there will very likely have to be a probate of that heirs share in order for the property to be sold.
John Richert agrees with this answer
A:
I agree with Mr. WIlliamson. If the heir has passed away, all of his or her property will likely need to go through probate in order for it to be transferred to anyone else.
Talk to a probate attorney. A consultation with an attorney will be able to help you understand what needs to happen, who can be a personal representative for the heir's estate, and answer any other questions you may have.
A:
Before you can have this closing, it will be very important to consult with a probate attorney. There may have to be two estates opened, one for the original deceased owner (if an estate has not yet been opened to transfer this "heirs property" to the original owners' heirs), and one for the deceased heir.
If you do not have an Order Determining Homestead Status or other court order (Order of Summary Administration or Personal Representative's Release for non-homestead property) transferring the property from the original deceased owner to the heirs, then you will need to open the first estate.
You will certainly also need to open a second estate for the subsequently deceased heir.
The property can still be sold but not until all necessary probate estates have been open and closed, and the heirs of both estates are the legal owners of record of the property and clear title can be given to the buyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
