Q: My mother passed with a will. There was a contract to sale her home (OK) prior to passing. Can we proceed w/o probat?
My sister and I are co executors. With 2 other siblings and 2 nieces (deceased brothers children) who are named in the will. Do all of us have to sign closing documents. All property she owns is less than $300,000, including life ins, savings, 2 homes, and personal property.
A:
Sorry for your loss.
I assume that this is a sale of property being handled by a realtor or title company. They will typically require the party signing the deed to have the authority to do so. I doubt that signatures of all of the children would be sufficient since there. You will probably need to proceed to probate. You might be eligible for a summary probate if the assets are simple and there are no (few creditors).
The life insurance is normally handled outside of probate. The named beneficiaries can make a claim and are paid directly.
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