If my mother recently passed and has a house that is owner financed, can we give it back or do we have to go through probate first?

The house is in her name; the owner is willing to take it back for what is still owed.

Asked on July 8, 2012 under Estate Planning, Georgia

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  If the house is in your Mother's name only the Persoanl Representative of her estate can sign the deed on behalf of the estate upon transfer.  So yes, you have to go through probate regardless of what you decide to do with the house.  Good luck.


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