Legal Question in Wills and Trusts in Alabama

Father left no Will

If my father passed with out a Will . Will we have to go to Probate if everyone has agreed to sell there part of the house and land to me ?And he had no debts everthing is paid for?


Asked on 3/29/07, 6:41 pm

1 Answer from Attorneys

Jack Carney The Law Office of Jack Carney, LLC

Re: Father left no Will

It depends on how the property was titled. If titled in your father's sole name, then only a legally appointed representative of his estate (appointed through a court), would have the legal authority to transfer title to you. An administration would also be necessary if there are other assets.

You may be able to have the rest of the family and some individuals who knew your father sign affidavits stating that the children were his sole heirs and that there were no other claims to the property. A title company may accept those documents in lieu of a formal administration.

You could always have your siblings sign over their interests to you, but you would not have clean title to the property unless you took an additional step (examples above).

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Answered on 3/30/07, 12:02 pm


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