Q: How many years after my mom is deceased can you put the property in my name with out going through probate?
I have paid all the taxes on my moms property in oklahoma for 12 years since she passed away . it was to go to my husband but he also passed away and left me all property and money and personal items in his will .I was told after 15 years i could put it in my name without putting it in probate.but im not sure if the laws
A:
Your question is interesting. Without more information it would be difficult to answer.
You, by yourself, cannot simply put the property into your own name.
If the property was solely in your mother's name, then we would look to the Will or Trust to determine who has rights to it. If she had no Will or Trust then we would look to intestacy statutes.
If she died intestate (without a Will) we would need to determine who were her heirs at the time of her death. This could be a spouse, children, parents, etc. If you were not the only heir you would not be entitled to the home and would have to share it with others. It sounds as though you would be entitled to a summary (simplified) probate procedure.
However, if you have occupied the property and excluded others for 15 years, you may be able to claim adverse possession and file a quiet title. If successful the court would put the property in your name.
So, if you were the only heir at her death, you may want to move forward with a probate. You should contact an attorney.
You might want to check out: http://winbladlaw.com/inherited-headaches-small-estates-delayed-probates-and-out-of-state-decedents/
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