Atlanta, GA asked in Estate Planning, Intellectual Property, Probate and Real Estate Law for Mississippi

Q: If A will hasn’t been probated can the estate / property be sold

1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: Most decedents die intestate. As such their heirs-at-law take the real property at death, and the next-of-kin take the personal property. If a Will is not Probated it has no effect. A recorded Affidavit of Heirship should be the source of title for the Decedent's relatives. If a buyer is demanding Probate, and there is no just reason to do so, the tenants in common should sell to someone else. You will need a competent MS attorney.

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