been living in this house for 13 years..paid all taxes and done all upkeep
...2 brothers, one sister
Sooner or later you will have to probate your parents' estate, certainly before you try to refinance or sell it. Or, you can wait and your children and heirs will then have to probate your and their grandparents' estates as well. This is not a good plan and you should take care of this without more delay.
Estate Planning Attorney
Hello. I am sorry for your loss. In estates where both parents are deceased and a home remains in their name, there is most likely a need for some type of formal probate of their estates in order to transfer title of the parents’ real property to either the heirs (if no will) or beneficiaries (if they had a will) or some combination of the two. Generally, a special warranty deed is filed to transfer real property from deceased persons to either heirs or beneficiaries, as the case may be. An experienced probate attorney will guide you through the probate process for both parents' estates. If deceased parents' estates have already been probated (that would be good news), then an interested party (in the estate) should ask the executor (or the executor's probate attorney) to file a Special Warranty Deed(s) with the real property clerk in the county where the property is located. I wish you the best of luck.
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2 lawyers agree
I will assume that you and your siblings are the only children of your parents (i.e., no children by previous marriages).
Your options depend on how long ago your parents died and whether they left wills. The previous answers explained what to do if they left wills. But if they died without wills more than 4 years ago, your only option is for you and your siblings to execute and file an affidavit of heirship in the county records. Your siblings can execute deeds conveying their interest in the property to you.
If your parents died without wills less than 4 years ago, you can file applications for declaration of heirship and to be appointed administrator of their estates. You would then be able to convey the property to yourself and your siblings, and they could convey their interest to you. Conveying the property by deed instead of by affidavit of heirship gives you a more certain, marketable title, but the probate cost may be close to $8,000 for the two estates.
My answer relies on the facts as provided, and it is generally not possible to address all contingencies in a brief answer. As a result, my answer is necessarily preliminary and should not be relied on without consulting an attorney who can fully evaluate your circumstances.