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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
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.
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.
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.
