QUESTION

What is home ownership of deceased parents.

Asked on Jun 11th, 2021 on Trusts and Estates - Arizona
More details to this question:
Parents home never went to probate.Quick claim deed on record to 2 brothers out of 4.want to sell home.3 in aggreement not sure.Not sure ownership.Also a will.Real Estate agent working with title company said could be clouded will.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Homes don't go to probate, wills go to probate, or if no will, the estate is administered by the Court (although it might be called something different than administration n your parents' state).  The home could pass directly if title was held in a certain way (e.g. life estate for parents, remainder to children) but that is unlikely.  Most likely your parents owned the home as tenants by the entirety, meaning that the latest to pass owned it completely, and it will pass according to that person's will (which must be probated) or, if no will, by the laws of intestacy of their state.  Usually, those laws will provide that the property goes equally to the children.  However, you may need to institute a court proceeding to confirm it and confirm title.  If the chilldren are not agreed about what to do with the property, it can be partitioned, either by agreement of the children (e.g. 3 buy out the share of the 4th) or in a court proceeding, which would be expensive and time consuming.
Answered on Jun 11th, 2021 at 11:35 AM

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