Do I have to go through probate?

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Do I have to go through probate?

My spouse passed intestate and disabled 3 years ago. Do I have to go through probate or is there a simple way to go about it? I want to sell the property only worth $6,000, 1/2 acre land and old house that is falling down. We have 1 child who is 21 and disabled; they don’t want anything to do with the place.

Asked on October 1, 2018 under Estate Planning, North Carolina

Answers:

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

Answered 2 years ago | Contributor

I am so sorry for your loss.  The general rule is that in order to transfer property you have to go through probate and be appointed as the Personal Representative of the estate to legally transfer the title. The cost is generally based upon the the total value of the estate.  Anything that listed you jointly passed to you at the time of his death. Only that which is held in his name alone is listed on the Petition.  Good luck.


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