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.
Family Law Attorney
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-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.
Estate Planning Attorney
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 action is to have legal representation in this matter.