Q: My mother passed away in October and had no will. We will be going through probate but how long can the property
the property be legally in her name?? The property is FULLY paid off and less than 50thousand leaving us with no debt. She is the only person in my family that lived in Oklahoma- all children live in Wisconsin. The probate process has not been started yet due to us living so far away and unable to get there more. Is there any assistance to help pay for this or lower court fees? There are 5 children but 2 of them absolutely have nothing to do with her and want nothing from this. Do we legally have to split the real estate money after we sell?
A:
First of all sorry for your loss.
It sounds as though you may be able to do a summary probate if everyone agrees. The probate can be handled without the need to travel to Oklahoma. I assume that you mother was single at the time of death. If so the estate would be divided 5 ways. If appropriate waivers and/or disclaimers are filed the process could move along fairly quickly.
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