Probate and the Deed

OK This is way out of my realm.

  1. Grandmother passes and leaves free and clear home to me and my two siblings(equaly).
  2. A Deed was prepared by an attorney stating upon grannys passing the home was ours. 10 months passed after new Deed.
  3. Deed was recorded at the time of creation.
  4. Grandmother has been gone 2 weeks.
  5. Public records still show her as owner of record.
  6. She owed no depts.
  7. The BIG question: can we sell this place now or does it have to go through probate???
    Thanks for your help. Herbster

You have to go through probate or at least get the deed written such that you and your siblings are the owners of record.

Just to clarify.
Were you deeded the property 10 months ago, and it was recorded then?
Or was there some sort of contingency on the Deed saying that it would only become active when she passes?

If the first, you become the owner of record then, 10 months ago, and the court may not have updated the records yet. Some counties only update their records yearly. Call your local courthouse to see how often they update their records, and if they have the deed on file.

If the second, you probably need to ask the probate attorney or the personal rep. if the deed has been filed yet.

If not, it may need to go through probate - but even so, it is probably able to be sold out of probate in order to liquidate the assets and then the amount it is sold for will be returned to the estate until the probate process is resolved. Only the executor of the estate will be able to do this. You should double check with your attorney about this since I am in no way an expert on this subject.

Good Luck

I hate talking to attorneys but I suppose I should. I am the executor and I just learned today that grandmother has a 11K credit card. ew.
Thanks, Herbster