Q: My dad passed away and we want to sell the house do we need probate?
The house is paid for, no mortgage. The house is under contract with a buyer. We opened probate 3 months ago by advice of lawyer who we recently fired. Can we sell house? Another lawyer said don't put house through probate. and another said we can't sell the house without asking the court first. What is correct? no spouse and his will states we split all assets and can liquidate all assets. Brother was appointed executor by probate court, IRA is TOD; cash assets and life insurance POD; funeral paid for. No creditors.
A: If the deed to the house did not include any survivorship or Transfer on Death provisions, and he never executed and recorded a Transfer on Death affidavit, then the house is included in his probate estate, and the title can only transfer through the probate court. So perhaps the attorney who recommended probate was correct. Use the Find a Lawyer tab and retain a local probate attorney.
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