How to avoid probate?

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How to avoid probate?

My mother is selling my deceased grandfather’s property. She accepted an offer over 4 months ago. The buyer’s lawyer refuses to let the sale go through until she goes to probate court. He is claiming that somebody could come forward and eventually contest the sale. My mother has no siblings or any living family that could make such a claim. Is there any way she could bypass probate and it’s costs?

Asked on August 3, 2012 under Estate Planning, Massachusetts

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Your Mother is stuck here and will never be able to sell the property unless and until it goes through probate.  Depending on the size of the estate she could go through an abbreviated process to be appointed as the personal representative and deal with the proeprty in probate.  But only the PR can sign on behalf of your grandfather to transfer the deed.  Your Mother can not.  So it would not be a legal transfer.  Good luck.


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