Q: Is there a way I can get the deed in my name while the house is in probate?
My grandmother passed away last year. I am the beneficiary as stated in her will and my mother is executor. Her house in currently in probate. I’m needing to get the deed in my name to take out a mortgage to pay her debts. How can I do that?
A: Generally speaking, the answer is no. The executor is responsible for inventorying your grandmother's assets and liabilities, notifying and paying creditors, and then distributing any remaining assets to the rightful heirs. If the house needs to be mortgaged or sold to pay your grandmother's debts, then the executor will have to obtain the probate court's permission to do exactly that. That being said, if your mother isn't doing her job as executor, you can ask the court to replace her.
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