Father passed away 9 years ago no probate has been done is it to late

UPDATED: Oct 1, 2022

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Father passed away 9 years ago no probate has been done is it to late

My father passed away 9 years ago property has not gone thru probate is it to
late. There is no will.

Asked on February 28, 2018 under Estate Planning, District of Columbia


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

Answered 5 years ago | Contributor

I am so sorry for your loss.  It is a little difficult to follow all this but what I think that you are saying is that your parents owned the house as Tenants in the Entirety (that is a husband and wife legal holding) which comes with it rights of survivorship.  Your Dad refiled the deed after Mom's death as sole heir, which was correct.  He was the sole heir to the property under the law.  That does not mean you and your siblings were cheated out of anything.  Once you probate the estate - which you must do to transfer the property - you can sell the house and the Persoanl Representative of the estate will sign an Executor's Deed to the new owner to transfer title.  It is all good.  Don't worry.  Good luck.

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