I think we need an attorney that handles probate.

Asked almost 2 years ago - Prescott Valley, AZ

We were told that we need to re open the original probate court but we are under the impression no one ever opened probate. Here's the situation, my boyfriends grandmother passed away in 2003, on her last will and testament she listed her executors as, my aunt, my mother then myself. My aunt passed away and that leaves just me and my mother. My mother, I believe, never filed the death certificate and that could be why the home never went to probate court, however, I have been living in the house for years and my mother said it's mine, my grandmother gave me the house but it's still in my grandmothers name and we have no idea how to go about changing it since there's never been a probate court case.

Attorney answers (3)

  1. Celia R Reed

    Contributor Level 20


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . If probate was never opened, the issue is who was awarded the house in the will? Also what was the value of the property at the time of death? Depending on these answers your mother may have to open probate or you may be able to transfer the property by affidavit. You definitely want to consult with a probate attorney.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  2. Joseph Franklin Pippen Jr.


    Contributor Level 20


    Lawyers agree

    Answered . Pretty obvious-you need to hire a probate attorney to check the court probate records and advise you further.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  3. Adam S. Bernick

    Contributor Level 13


    Lawyers agree

    Answered . You need to hire a probate attorney in the state where the people died to review the documents to determine the correct procedural action to take.

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Related Topics

Probate assets

Probate assets are owned solely by the deceased and do not have any survivorship feature (like a beneficiary designation) for automatic transfer of ownership.

Probate court

Probate court is a special court that specifically handles probate and other issues surrounding estate administration. It may also be called surrogate court.

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