Where there is a Will, can heirs transfer the decedent’s unencumbered home to one beneficiary without going through probate?

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Where there is a Will, can heirs transfer the decedent’s unencumbered home to one beneficiary without going through probate?

My mother’s Will names her 10 children as beneficiaries. It states that all assets are to be sold to pay off debt and any remaining funds are to be distributed equally to the 10 heirs.My siblings (the heirs) all agree that the home should be transferred to me as I lived with and took care of mom for the last 11 years of her life. Does this transfer have to happen through probate and if not, what is the easiest and least expensive way to make this transfer happen?

Asked on June 5, 2013 under Estate Planning, Illinois

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  You and your siblings sound like a very reasonable group coming to agreement on things with out the need for court intervention. Unfortunately the estate must be probated in order to transfer the home since an executor's deed is the only means of transfer once a person passes away.  Good luck to you all.


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