mother left no will

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mother left no will

mother died left behind house thats paid for. five sibblings all agree to sell it and divide proceeds equally. why do we need probate lawyer if we all agree? cant we successfully present our case to the court together so we can sell the house and be done with it? there are no taxes or debts owed to anyone. there must be a easy way to do this. is there?

Asked on June 25, 2009 under Estate Planning, California

Answers:

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

Answered 11 years ago | Contributor

Here is the problem:  The deed is in your Mother's name.  In order to transfer the property the purchaser is going to want to see something that shows that it was done on the up and up (and I am not saying that you are not being forthright). In other words that is legally being transferred.  The easiest way to do that in New York is to have an administrator appointed and have them transfer the deed.  That is because it is assumed then that the Court was satisfied that all the necessary parties to the estate have appeared or were given notice and that all consent to the transfer.  If the only asset is the house go down to the Probate Court in the County in which your Mother resided when she died and ask for help.  Sometimes there is a way to have someone appointed as administrator for a specific purpose or for a small estate if this type of transfer qualifies.  California may have a way to do this and the Probate clerk will be able to tell you if you will need a lawyer to help.  Remember there may be tax ramifications as well. 


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