Legal Question in Wills and Trusts in Kentucky

Real estate does not typically pass through probate unless it is necessary to pay debts. In other words, you may own your 1/3 interest now and not subject to probate proceedings which means you and the other owners can all agree to sell it (and pay the mortgage with the net proceeds) or, if the others do not agree, you can hire a lawyer and force a sale (and pay the mortgage with the net proceeds). I wonder if the mortgage company has been notified of the death. Usually if they know, they want to re-structure the mortgage. Another option is to sell it within the estate (requires court permission if the decedent had no will).

As with all aspects of probate, it is complicated and paying a probate attorney will ultimately save time and money. Note that for probates, the attorney typically gets paid from the estate (meaning that all heirs are in fact paying for the attorney together whether they want to or not and the estate gets done right - a win for everyone).