My Granddad died with a Will, does the house still go to probate?

Question Details:

I filed his Will at the courthouse 2 days after his death (11/9/09). I am the executor of the Will and DPOA. My Grandfather left his house to his 3 sons with the stipulation that they cannot sell unless they all agree. Does the house still go to probate since a quit claim deed was not executed prior to his demise? If so, is there anything I need to do now? Should I meet with the family to advise of the Will now or wait for the probate process? Can you please assist?

Asked 11/16/2009 under Wills, Trusts, Probate | 151 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Alton A. Linn / Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Florida

Everything that was in your grandfather's name alone is part of his estate.   The process by which the assets of an estate pass on to the heirs or beneficiaries is called probate.   Since there is a will, you will have to retain an attorney to file a petition for administration with the Court.  This petition asks the court to admit the will and name you as personal representative.   Once you are personal representative, then you can go ahead and take the steps necessary to administer the estate.  Part of that administration is notice to the rest of the family.

David Slater / Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Florida

Yes,the estate must go to probate so a new deed can be filed. The heirs must receive formal notice.  You are entitled to a commission as Personal Representative and can retain an attorney to assist you. Good luck.

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