If my mother passed away a couple of weeks ago, what do I need to know before going to probate?

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If my mother passed away a couple of weeks ago, what do I need to know before going to probate?

The only heirs are my brother and myself. There is a house on 1 acre of land but there is a lien against the house less than value of property.

Asked on January 11, 2014 under Estate Planning, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You need to ensure she only owned the property and it hasn't been listed on the deed as joint tenants with you, your sibling or anyone else. At this point, simply file in probate and sell the home or speak to the lender along with any documentation you may have regarding being a testator to her estate or administrator and the copy of the death certificate. If you two are the only heirs, then any proceeds from the sale of the property and pay off of loan will result in payment jointly to the both of you.


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