If my father recently passed away and Willed me the deed to his house and property, do I have to go through probate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my father recently passed away and Willed me the deed to his house and property, do I have to go through probate?

He was debt free and the deed is free and clear.

Asked on February 5, 2012 under Estate Planning, Oklahoma

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

When a person dies no one can act for his estate unless they are officially named by the register of wills or court as an executor where there is a will.  So no one can transfer the real estate until the executor submits the will to probate and is officially named as executor.  So you must probate this will to effectuate any transfer of real estate pursuant to the will. 

Janet Brewer / Law Office of Janet L Brewer

Answered 9 years ago | Contributor

Under California law if the property your father left you was worth more than $150,000 and it was not held in the name of a trust, it will need to go through probate.  If it was worth less, you can use an abbreviated procedure.

If your father lived in California and you need assistance, please feel free to contact my office.

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

Answered 9 years ago | Contributor

I am so sorry for your loss. When you say that he "willed"you the property do you mean that he had a WIll and init left you the house and the property?Then yes, you will have to go through ome formor probate proceeding in order to be ble to transfer the house in to your name.  If the deed already has the house in your name with "rights of survivorship" then you need not probate.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption