Can someone help me with a probate question?

Generally there are laws which provide for the dispersal of real and personal property when someone dies intestate. I her husband were still in the picture, 100% of the estate less debts and taxes would have gone to him. In this case it is likely that the estate will be divided equally between the sisters, in which case there will have to be a comprehensive appraisal to determine the fair market value of the estate. I don’t think there is anything your friend can do until the will is out of probate, but once it is, she may be able to work out a deal with her sister to sign a quit-deed in exchange for whatever other value is retained in the estate, including savings, securities, jewelry, artwork, antiques, other personal and real property, etc in order to make the division fair.

When no will exists, the probate court judge will name an administrator of the estate; it is this person’s responsibility to determine who the legal heirs of the estate are, determine the debts of the estate and order payment of those debts, and carry out the distribution of the estate to the legal heirs. Some courts refer to administrators as personal representatives of the estate.

@YARNLADY Does this happen automatically? The assignment of an administrator of the estate? How does the daughter find out who it is? Is there a particular part of the courthouse she can go to? I have no idea what happens.

They can’t do a quit claim deed because the only person who could sign it away…is deceased.

So now you are working with an attorney to get the “estate” to sign it off. Depending on the total value of the estate this can be a fairly straightforward and not that costly process.

Assuming that this woman didn’t have enough outstanding debts that the home must be sold to settle (like credit card debt, etc) the home will be split equally between the heirs. If one sister wants to own the house, she will have to cash out the other sister’s equity.

The first step for this woman would be to get all financial papers together. Figure out what is owned and what is owed and then get a probate attorney. The person who contacts the attorney will be named as personal representative…but if there is a dispute about who this should be among the heirs then the court must decide who is to be appointed.

@JLeslie Sorry, I forgot to add the source. There are some answer there. I suggest she simply call the court house and ask them what to do next. I know they will need several (up to a dozen) copies of the death certificate.

I was the executor of my parent’s estates, and I found all the information I needed online. They did leave wills.

@YARNLADY Yeah, I was thinking maybe just call and get some info also. This family is poor, and not very educated, and the young woman voiced to my husband that she is worried they will lose the house, because they don’t know what to do. We want to help them get the ball rolling in the right direction. I would hate for her to lose the house simply because she was ignorant to how it all works.

Basically, since it went into probate. After the lawyers get done with it, and get their cut. There will be some cash left over.
Probate is a sucky way for an estate go.

Remember to make a living will.

The courts are going to refer you to an attorney. Not that the paperwork can’t be completed on your own if you know what you are doing but if you don’t the court sure isn’t going to help you.

Depending on which state the property is located in there is a maximum and a minimum value that can escape the necessity of a full blown probate. This information can be found at the State Attorney General’s office Website for that state.

Most states require that 10 days after the death the person wishing to be the personal representative file the paperwork for that. To do this it takes several copies of a death certificate and about $200 for filing fees.

Here is a link with some good basic information including which assets and accounts (if any) aren’t subject to the probate. Especially good to know if they are short on cash and need to access the deceased person’s checking accounts to pay funeral and or filing fees.

link

@Merriment That was very informative. I think it has been a week already since her death. I found our attorney general site, but cannot find a similar page to your link http://www.tn.gov/attorneygeneral/agcooperbio.html I don’t know if you or maybe someone on this thread will take a second to glance at it in case I missed it.

I probably will try to call the contact number later today.

@JLeslie – I don’t know what county you are in but I found this information for Shelby County here

Among the other information it has more specific information about Tennessee estate law:

“Technically, under Tennessee Law, real estate passes automatically at death to the named beneficiaries under the deceased person’s Will or to their heirs at law if there is no Will. In reality, however, if the property is ever to be sold then at some point documentation is going to have to be filed with the Probate Court, if there is a Will, or with the Register’s Office if there is no Will. If the deceased person had a Will and only a piece of real estate, then a Petition for Muniment of Title is filed with the Probate Court, to evidence the transfer of the title from the deceased person to the named beneficiaries under the Will. If the decedent did not have a Will, then Affidavits of Heirship, stating the heirs at law of the decedent at death, must be filed with the Register’s Office. Both documents indicate who the proper recipient of the real property is after the owner’s death. Most title companies will require one or the other depending on if there is a Will or not, before they will issue title insurance on the property of a deceased person. If the beneficiaries under a Will, or if there is no Will, the heirs at law are minors (or under the age of eighteen), then a full probate proceeding will have to be initiated to deal with the real estate.”

@Merriment I am in Shelby County, I should have specified. Thank you for the time you took to help.

@JLeslie – you’re welcome