Q: Mother passed 2 years ago and there is a will that contains real estate. Do we have to go through probate court?
There are 3 homes involved. Her home on mortgage and 2 I cashed purchased in her name. I just want my property transferred in my name. Can my eldest brother who is the executive of the estate transfer deed to me?
A: Generally, if there is real property (i.e., land) owned by a decedent at the time of her death, and she had a will, the person designated as executor in the will must file a petition to probate the will and request that he be appointed executor by the probate court. The person named as executor in the will has no authority or power to act on behalf of the estate until the probate court has appointed him as executor. Once appointed by the probate court, the executor has certain duties which he must fulfill as required by applicable law. This response is intended to provide general information only and does not constitute legal advice or establish an attorney client relationship. I recommend that you consult with a probate attorney concerning this matter.
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