my mother died without a will. How do we sell her house which is titled in her name without costly probate?

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my mother died without a will. How do we sell her house which is titled in her name without costly probate?

Asked on June 1, 2009 under Estate Planning, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Basically you don't.  If title to the property had been held by your mother with someone else listed as a joint tenant you could bypass probate.  But this isn't the case here.  And whether or not your mother died testate (with a will) or intestate (without a will) makes no difference in so far as having to have the estate pass through probate.  There is also a summary procedure for small estates in Alabama.  This is quicker, cheaper and less complicated; however this procedure is not available to you since real estate is involved.

What you should do here is speak to a probate attorney in your area to consider any other options.


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