If we are selling my late father’s home and have a Will but it has not been filed in court, does this have to go through probate?

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If we are selling my late father’s home and have a Will but it has not been filed in court, does this have to go through probate?

If so, who starts that process?

Asked on June 11, 2013 under Estate Planning, Tennessee

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

You will have to get the probate court to transfer the home out of your father's name. However, in many states, if a person's assets are worth less than a certain amount, it is not necessary to do a full probate proceding. Check with a local probate lawyer or the probate court clerk to see whether this faster alternative is available to you. 

Usually the person that the will names as executor starts the probate process, but anyone who has an interest in your father's assets or in his estate can start it. 


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