Must all estates be probated?

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Must all estates be probated?

Both parents have passed away and home was left to 6 children, all adult in an uncontested Will. House is paid for, they have 0 debt and no other money or assets. Do we need to go through probate to sell the home?

Asked on April 7, 2013 under Estate Planning, New York

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 was in your parent's name at the time of their passing (or the passing of the last parent) then yes, you are going to have to file some sort of probate proceeding in Surrogate's Court in order to transfer the property's deed from your parent's name to your names(s).  It is known as an Executor's Deed.  Depending on the other assets the proceeding may not be too involved.  Good luck.


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