Do I have to go through probate?

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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 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.

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