grandpa died. 2 heirs willing to split house and land worth <$200,000. is PROBATE necessary?

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no will available. no grandma. grandpa was alone. house in Arkansas. We are in California. selling house in AR, have buyers, buyers got loan approved, then a lawyer or the underwriter of loan says it needs to go to probate. All debts were paid or cleared by us 2 years ago. Lawyer tells buyer not to pay us the rent anymore (going on 5 months now) and we need that rent to pay the mortgage the house in AR has. Then they say we need a rep for us in AR because we live in CA. Papers to ok sale by a judge get signed. Now we are still waiting for the rep to get bonded so he can act in our place to sell house in AR. Why couldn’t we just sell the house to the people. All debts paid. and the current mortgage gets paid off when the house closes. House was in grandpa’s name. But we have been paying the mortgage for 2 1/2 yrs now. Just don’t understand why there is such a long delay and probate fees to pay. We will barely break even with the repairs we already paid for on the house in AR.

  1. Reply
    February 19, 2011 at 4:39 am

    Yes – There may be outstandng bills.

  2. Reply
    February 19, 2011 at 4:45 am

    get ready for probate

  3. Reply
    February 19, 2011 at 4:56 am

    look in the yellow pages for attorneys, Many offer free consultations, Have all papers ready and questions written down. They usually only give you 15 -30 min of their time. Ask away. Make appts with more than one attorney for this as you will usually have even more questions after you see one.

    You can also try to do the same with telephone conference with AR attorneys. Good luck

  4. Reply
    February 19, 2011 at 5:43 am

    SORRY- but its the way the title passes. Right now you are heirs but the title is in the name of the deceased. UNFORTUNATELY, only a Court can declar you to be an hier and as title passes thru the estate, non one will write a mortgage, etc. until the estate is probated and either title is passed to you people or to the buyer FROM THE ESTATE.

    This is why people should have will and hav esome propery pass on death in the title and no have to go thru the Estate.

    Probate usually cost more when there is no will



  5. Reply
    mom of a boy and girl
    February 19, 2011 at 5:52 am

    I agree with wizard..Good luck

  6. Reply
    February 19, 2011 at 6:30 am

    Probate is most likely, but the state is slow on doing everything. It sounds like you have handle on all of it. Any paper dated, signed with a notary can be considered a contract. Good luck

  7. Reply
    February 19, 2011 at 6:58 am

    Without a will or probate, you don’t own the house, so can’t sell it.

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