Q: Does a will with listed exacutor & beneficiaries,no debt & real estate assets of $69,000 need to go thru probate?
Mother passed in Fernley, NV almost a year ago. Father passed prior to. House was to be sold and divided evenly between children (4,all adult). One of the siblings is buying house at fair market value ($69,000). All are in agreement.
A: Yes, it has to go thru probate. The Set-Aside proceeding can be used since the amount is under $100,000. If house was held in joint tenancy by both parents, there will also have to be an Affidavit of Death of Joint Tenant filed saying that when Dad passed, Mom became the 100% owner. Then Mom's ownership of the house has to go thru the Set Aside proceeding.
Delwyn E. Webber agrees with this answer
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