If my mom passed away but didn’t have a Will and her house is worth less than $30,000, do I have to become executor of estate to sell the house?

Asked on November 3, 2015 under Estate Planning, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In law provides that if someone dies and has an estate worth less than $50,000, a person can generally get the property if they are entitled to it (such a a child who would be an heir of their deceased parent if they died without a Will); this cn be done without going through probate court.
You will need to complete the Small Estate Claim Form (also called an Affidavit for Transfer of Property). Here is a link to a site that will explain further:

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.