What would be the first step in opening probate?

UPDATED: May 28, 2013

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What would be the first step in opening probate?

I am a new real estate investor and I have a seller who wishes to sell her children’s home with their permission. Her husband passed away 2 years ago with not much to his name except for the house that I’m aware of. Her and her children have not opened probate yet, so how would she go about getting the right to sell the property?

Asked on May 28, 2013 under Estate Planning, Mississippi


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the house was in both the name of the deceased and his wife as a married couple  then there is no  problem because the house goes to her by operation of law and she can sell the house without any court order. She would just have to produce a death certificate. If he was on the house alone, have the wife file to be deemed the administrator of the estate (when there is no will the estate is administered). Once she is appointed administrator sjhe can sell the house on behalf of the estate, which are the children.  

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