How do I go about probating my late mother’s estate?

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How do I go about probating my late mother’s estate?

My mother, predeceased by my father, passed away and left no Will. My brother and I are the only 2 children. I’d like to know how to legally and quickly handle the transfer of the estate to us (ultimately he has agreed for me to buy him out of the house)?

Asked on April 16, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your losses.  How the property was held will determine what you need to do.  If your Mother died without a Will - called intestate - and the property was in her name alone then a portion of it passed to your Father upon her death as well as to you and your brother.  If your parents held it jointly then it passed to your Father and then through his estate.  Either way some one needs to be appointed as the personal representative of the estate in order to trasnfer the property.  Seek help.  Things may be a bit more complicated here than you think.  Good luck. 


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