Legal Question in Wills and Trusts in New York
Probate ??
It is really necessary to probate a will if all sibling are in agreement with assets and selling of house. All monies were TOD and just the house is left. Is it just possible to obtain a administrator of estate for closing of house?
2 Answers from Attorneys
Re: Probate ??
Yes, in many cases you can sell the house as "heirs-at-law." The buyer's attorney and title company must agree to this.
Re: Probate ??
You may not need to probate the will or have an administrator appointed if the only assest of the estate is the house and the will passes the decedent's property in the same way it would if he or she died without a will. If that is the case, then the distributees (heirs) may transfer title to the house without a court appointed fiduciary. However, if a distributee is a minor or incompetent the matter is much more complicated.
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