Can a daughter complete a Personal Representative Deed without going through the courts?

A friend of mine’s mother past away approximately 4 years ago. The house is only in her mother’s name; her father was never put on the deed. Her father has given her POA over her mother’s house and wants the house transferred to the daughter. The house is not in probate.

Asked on September 14, 2012 under Estate Planning, Indiana


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

Answered 8 years ago | Contributor

I am so sorry for their loss.  Unfortunatley, there is no way to transfer the house with out going through Probate of the Mother's estate.  Firstm the Father can not give the daughter POA over the Mother's assets.  Only the Mother could have done that and a POA is no longer valid when one passes away.  The house will be divided under intestacy half to her Father and half to the children.  He can renounce his half and give it to the daughter if he chooses.  The Personal Representative will transfer the house via Executor's Deed.  Good luck.

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