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I think we need an attorney that handles probate.

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.

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Attorney answers 3

Best Answer
Posted

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.

Asker

Posted

The will was never filed and was created and notarized in 1985. She never left anything specific to anyone. She simply states in the last will and testament that her executors are, her 2 daughters and her grandson. One daughter has already passed and now my boyfriends mother is in charge so to speak. She says she'll sign whatever she needs to transfer the name into our names so I wasn't sure if we needed to actually hire an attorney because that could cost a lot or if there was something she could sign, signing the property over to us.

Posted

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.

Asker

Posted

I have checked the probate courts and there was nothing ever filed so therefore it has not ever been through probate.

Posted

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.