Wills and Living Wills

questions & answers

Question: My mother passe away and I am the beneficiary of her home according to her will. My name is not on the title of the home. What steps should I take to get the house before it goes into probate?

Answer:

If (1) your mother died with a validly executed will, (2) the house was part of your mother's probate estate and (3) you were awarded the house under the will, there are two possible avenues:

1.  Probate for your mother's estate must be established and a personal representative must be appointed.  The personal representative ("PR") has the authority to distribute the property as directed under the will.  However, there are administrative matters (i.e. notifying potential creditors, managing any estate debts, etc.)  that the PR must take care of first before distributing the property under the will.  

2.  If the value of your mother's entire estate (including the house) is less than $75,000.00 and it has been at least six months since the decedent's death, title to real property devised by a will can be transferred by Affidavit for transfer of title of real property in lieu of filing a probate action.  

• Instructions - (after Affidavit for transfer of title to property is filled out).