Can a house that is in probate be transferred by a quit claim deed?

Asked about 1 year ago - Blanchard, OK

My dad and aunt have been dealing with the probate for 7 years now and my aunt won't return any calls from her lawyer or make any attempt to settle the probate. I don't want the house to be sold outside of the family and I want to buy it but don't know how to go about it.

Attorney answers (3)

  1. Terrell Monks

    Contributor Level 13


    Lawyers agree

    Answered . The heirs may ask the court to require the personal representative of the estate to complete the probate process. The heirs may also ask the court to remove the personal representative for her failure to complete the case. It is almost certain that you will need a probate lawyer who practices in the county where the case is pending to make either or both of these applications to the court. These are not terribly difficult tasks, but they must be done correctly, particularly where real estate title is involved.

  2. Peter J Weinman


    Contributor Level 17


    Lawyers agree

    Answered . Retain counsel right away.

    (1) I may be guessing. Do not act or rely upon this info; (2) We have not established an attorney-client... more
  3. Joseph Michael Pankowski Jr

    Contributor Level 18


    Lawyer agrees

    Answered . I agree with counsel. It is very important that you retain an attorney to bring your aunt's intransigence to the probate court's attention. Furthermore, the attorney can assist you in purchasing the property from the estate once the judge deals with your aunt. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,517 answers this week

2,678 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,517 answers this week

2,678 attorneys answering