Legal Question in Wills and Trusts in Ohio

do you really need to probate in this case

step mom past away in 05 daughter has will and says she is exr with brothers she has to pay. can daughter sell house as-is. its been since 2005 without in probate is it law to probate. (i know probate will just assure family gets whats is theirs) the property is only worth 38,000 on the auditors. she knows of mortgage can she sell house with quit cliams deed.


Asked on 2/28/09, 1:48 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: do you really need to probate in this case

It all depends on who owns the house if the house is in the name of step-mom alone then a probate proceeding will be necesary to have authority to transfer or sell the house. Only an executor or administrator can sign the deed if it is only in the step-mom's name.

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Answered on 2/28/09, 1:53 pm


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