Cincinnati, OH asked in Estate Planning and Probate for Ohio

Q: Can an executor of the estate sell the house of the deceased without filing the will in Probate Court?

My Aunt wants to sell the house that my Mom lives in ASAP. She wants to evict her and sell my grandmother's house. I have inquired about this and still have more questions about it. I know from my inquiry, that the will hasn't been processed in Probate Court and the house is still in my grandmother's name. I have found out that my Aunt could attempt to evict her, yet she would have to file in Probate Court and go through the actions in court before selling the house. I am trying to get a general timeframe to help my Mom find a new place to live. She (my Mom) doesn't have the assets to purchase the house. My Aunt, who is the new executor of the estate, cause my other Aunt that was originally the EOE has also passed. 2 years after my grandmother passed. My grandmother passed 8 years ago. For whatever reason, they never decided to sell the house until just within the past 2 years. I can give other information as needed, yet I would have needed more than 1000 words.

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2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: No title insurance company will insure such a sale from a dead person. The house needs to be retitled into the names of the lawful heirs. That retitling process is called probate.

Mary Ellen Leslie Esq.
PREMIUM
Mary Ellen Leslie Esq.
Answered
  • Estate Planning Lawyer
  • New Albany, OH
  • Licensed in Ohio

A: It would depend upon who is the owner of the property. If your grandmother has no ownership interest in the property, then it would not have to pass through probate. Was you grandfather's estate probated, because your grandmother would have been able to assert her spousal interest at that time.

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