Does a Will have to be probated if there is only 1 heir?

Can a piece of property be sold by the heir without probate?

Asked on July 20, 2015 under Estate Planning, Pennsylvania


Christine Socrates / The Law Office of Christine Sabio Socrates, Attorney At Law

Answered 5 years ago | Contributor

Yes, it does no matter how many heirs there are, a will still must be probated.  If a property is still titled in the name of a deceased person alone, it cannot be sold without probate unless it transferred to that person by some other vehicle, such as a transfer on death affidavit, deed or was held jointly with rights of survivorship with that person. 

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