Legal Question in Wills and Trusts in New York

Probate

2 years ago my father passed away and my mother never changed the deed to just her name. Now my mother has passed and the house is to go to my sister and myself, the only 2 daughters. Is it necessary to go through probate or can we just change the deed to the house into our names.


Asked on 9/24/07, 4:29 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Probate

My sympathies on the loss of both your Mother and Father.

Unfortunately, you must probate her estate (house) in order to be able to issue new deed.

If she passed with a Will, the Executor must file the petition in the Surrogate court in the county where she resided.

If she passed without a Will, someone will have to be appointed as Administrator of the estate.

You will also need to know the value of the home.

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Answered on 9/24/07, 7:14 pm


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