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Can I use a summary administration procedure and avoid probate if I want to live in my deceased mother’s home?

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Can I use a summary administration procedure and avoid probate if I want to live in my deceased mother’s home?

My mother passed and left a modest home to my 2 sisters and I. The home is appraised at $34,000 for tax purposes but in today’s market would only fetch around $12,000, as it is in disrepair. My sisters are in agreement with me living in the home indefinitely as long as I pay the taxes. I am the executor of the estate. There were no cash or valuable personal effects left behind.

Asked on February 29, 2012 under Estate Planning, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your mother's estate is of nominal value, there is a good chance that you can avoid probate by implementing the summary administration procedure of your state's law. I suggest that you go down to the county court house in the county where your mother passed and see what forms the court clerk has for you to start the summary administration proceeding as to your mother's modest estate.


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