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

Asked over 1 year ago - 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. Paul E Deloughery

    Pro

    Contributor Level 12

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    Answered . 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-... more
  2. Susan R Price

    Contributor Level 3

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    Answered . 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.

  3. James P. Frederick

    Contributor Level 20

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    Answered . 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. ******... more

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