Skip to main content

How to sell inherited home when no Deed of Distribution in place and personal representative of the deceased is also deceased?

Phoenix, AZ |

Parent was appointed personal representative of other parent and no deed of distribution was filed. I was appointed personal representative of surviving parent who is also now deceased and I am unable to sell the home to another party because title insurance requires that this probate issue be resolved even though the house is now in my name. First deceased parent had no will or trust. Second parent had a living will and revocaable trust . Thanks in advance for your time

Attorney Answers 3

  1. Best answer

    You need to reopen the first parent's estate and be appointed PR of that estate. Then you can transfer title to the second estate, and then you can transfer title to you. Just hire a probate attorney to get it done. It's no big deal.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

  2. You need a lawyer to review this. I think that the point that the title company is emphasizing to you is that the house is NOT now in your name. You need to have a probate estate, in order to make that happen. You may need two estates, if title was held as tenants in common. Assuming title was held by both of your parents as husband and wife (tenancy by the entireties), or as joint tenants with rights of survivorship, there would not have been an estate upon the first parent's death. Everything would automatically pass to the survivor. But you NOW need to open an estate for the second to die, in order to get title in YOUR name. Alternatively, you can sell it from the estate, directly. You do not say whether there are any other heirs or devisees under the Will. You really should have an attorney assist you with this, because you appear to be in over your head.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  3. You need to consult with a probate attorney. First, the title on the deed needs to be determined. The attorney also needs to review the revocable trust. Then, if necessary, steps need to be taken through the probate court to achieve the intended result.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics