Q: If I'm added to the mortgage as executor, does the house still need to go through probate?
My mother had the house in her name only, Chase has added me as an authorized user to keep paying the mortgage, would that allow me to sell the house without going through probate, or is probate the only way to sell the house? Myself and my brother are the only living relatives, and we agree on selling the house.
A: If a person passes away owning real estate in his/her name only and without a transfer on death deed making an automatic transfer at death, some probate proceeding would be required to convey ownership of the property or to authorize someone to transfer the property on behalf of the estate. If an executor or administrator is appointed, that person would have the authority to sell the property consistent with the terms of the will, if any, or an order of the court. If no estate is opened within six months of the date of death, a determination of descent proceeding could be used to identify that you and your brother are the sole heirs at law and you own the real property as of the date of death. You should consult with an attorney to determine the best course of action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
