Q: Mom left a will leaving home to three sons. One son is executor.
The will states state the Executor can sell the property, real or personal, etc. without an order of the Court. However, only her name is on the deed with the Washington County Recorder's office. Does the will directing the executor to sell the home, allow the home to be sold and the proceeds distributed equally between the sons without having to file an informal probate?
A: No, just because states that the executor can, doesn't mean that the recorder's office will let them transfer title. "Probate", refers to old England process where they had to prove the will or see if the will was valid. You will most likely have to run the will through probate before you can transfer title unless it is set up as a transfer on death deed or in a joint tenant, or held in a trust.
The recorder has to know that 1) the will is valid and 2) that the person signing has been duly appointed as personal representative of the estate. Only the Court can validate that.
I hope this helps.
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