Memphis, TN asked in Real Estate Law for Tennessee

Q: My mother died this year and had a will. 4 sisters and 1 brother beneficiaries. Her house is in my mother's name and dad

He is also deceased. Do we have to go thru probate to sell or can seller buy and the money be held by title company.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: You need a competent attorney to examine your situation about whether Probate of the Will is necessary. If so, it will be a minimal fifteen months for the Probate to close properly. If no Probate, an Affidavit of Heirship will be the recorded source of title for you Children. If the purchaser and/or title company requires Probate, then find another purchaser or title company.

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