house redeeded without probate do I need to probate in order to sell

UPDATED: Oct 1, 2022

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house redeeded without probate do I need to probate in order to sell

mother in law passed in NC the will left the house to daughter now it is in
her name. had an offer on the house but title co would not clear unless this goes
to probate. there was credit card debt at the time of death. there is no cash
available but can the creditors go after the house now it is in the daughters

Asked on March 6, 2018 under Estate Planning, Pennsylvania


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

Answered 4 years ago | Contributor

I am so sorry for your loss.  So I would suggest you seek help from an attorney in your area.  The transfer could have been valid if your state allows for an heir at law deed. BUt it is true that you can not avoid creditors.  The creditors must be given notice and file a claim with the estate.  The creditors have options as to the house but it is best to try and resolve the debt by negotiating it.  Seek ehlp.  Good luck.

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