Q: Probate or not. My father was in assisted living in NC and has now passed away while in NC. His home is in NJ.
No surviving spouse, just his kids. One sibling has been living in the home with him before he was transferred to NC taking care of him and continues to live the family home. We kids are all amenable and just want to figure out whether we must probate to legally convey Dad's real property to us kids though we anticipate our one sibling to continue to live there. There is no mortgage and no debt / creditors. Is there a short sweet way of conveying the property to us all, or even to some of us without a prolonged probate process. Will probate have to be opened in NC and then filed in NJ? Or just in NJ where the home is; no assets in NC. We are not necessarily ready to sell the family home. Do we even have to file a deed conveying the property. Can we just file a death certificate. There is a will designating us all as equal beneficiaries. Any other input much appreciated.
A: Although you can ask a question on this site it is not designed to give specific legal advise. For that you will need to pay a lawyer. What I can say which is general in nature is that probate at least in NJ is required in NJ when the person is a resident of NJ and has assets.
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