Q: My mom died a long time ago and willed everything to me & my brother. We didn't probate her will but paid all bills.
We now need to sell some of the inherited land that is still in Mom's name. How do we go about probating the will after so very long?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A: Hire a local probate attorney. Seriously. This is not a do it yourself project.
A:
I agree with Nina's answer. I want to also add that a Will must be probated within 5 years of the date of death. If it has been longer than 5 years, you can still transfer title to real property without a Will by using "heirship affidavits." A local real estate attorney (closing attorney) or a title company may be able to assist you. In Alabama real property vests in the heirs after two years and if the heirs are properly documented (through the affidavits) you can sell it.
This response is general in nature and is not intended to be legal advice upon which you can rely, nor does this response establish an attorney-client relationship.
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.
