If my father recently passed away and Willed me the deed to his house and property, do I have to go through probate?
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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 12 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 12 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 12 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.
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