Madison, AL asked in Estate Planning, Real Estate Law and Probate for North Carolina

Q: My deceased father's estate is in probate with a sibling as administrator. My father's residence is not a part of the

probate process, correct? If correct, can the Administrator sell the residence without the signatures of the remaining siblings? Can the siblings have a say so in determining the listing price of the residence and final offer?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: There is no way to answer your question without knowing exactly how your father's house was titled when he passed. It it was in his name alone when he passed, then it IS part of his probate estate and WILL be part of the probate process. If there were one or more other people on title, then it all depends on exactly how title was held.

As to your question about whether other siblings signatures are required, there is no way to answer your question without reviewing your father's will and without knowing other things about his estate, such as whether the house needs to be sold to pay debts.

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