Q: I filed a small estate, the house fair market value is $185,000 what if it sold for over $200,000? Do I do Probate now?
Do I have to do full probate because the house might be sold for over $200,000 even though fair market value is $185,000? I have several people wanting to buy it and someone is will to pay over $200,000. The title company says we have to probate.
Thanks!
A: Yes, if you have discovered that the real property was worth more than $200,000 on the date-of-death (or if the date of death is more than one year before the date of filing of the affidavit, as of a date within 45 days before the filing of the affidavit) then you need to file a probate. You also have to promptly file notice with the court that the estate of the decedent is not subject to the small estate limits. I recommend you hire an experienced probate attorney to assist you.
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