Do I have to go through a probate for her estate to have her house deeded to us 4 children?

My mother died in Dec.2017. In her will, she named me as her personal
representative. In her will she asked that everything be split equally between her 4
children. She owns a house in Virginia.

Asked on January 9, 2018 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  Yes, you will have to be appointed as Personal Representative of the estate and issued Letters Testamentary in order to be able to transfer the house via Executor's Deed to you and your siblings equally.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.