What does probte mean?

My grandmother died 2 years ago and my uncle claimed that the Will stated that he gets everything, “nothing to anyone else”. He recently listed her house for sale, which is still in her name. I called the surrogate court to request a copy of the Will; they are going to send it but they said it is in probate. What does that mean? Since it’s been 2 years since her death, can he legally sell the house?

Asked on September 6, 2012 under Estate Planning, New Jersey

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  "Probate" is the term used to mean the official proving of a Will - establishing that it is valid.  If your Uncle is the Executor of the WIll then he would have the power to sell it during the probate process.  Wait until you get a copy then speak with a lawyer.  Good luck.


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