QUESTION
can i refinace my mortage without probate
Asked on Jan 29th, 2021 on Wills and Probate - Georgia
More details to this question:
my wife died 5 years ago can i get a flat rate to help me out
3 ANSWERS
4 Awards
Please accept my condolences on the loss of your wife. As for your question, whether you would need to have opened your wife's estate for administration and probated her Will in order to get the title to your home into your sole name is not something that can be answered in this kind of context.Anyone who tries to answer will need to see the actual deed for your home before they would know whether your wife had an interest in the house or whether, if she did, that interest became part of her estate. If her interest became part of her estate, we also would need to know whether you were the only heir or whether there were other heirs, and whether or not she had a Will. Have an attorney review these things for you.
Best wishes to you.
Answered on Feb 01st, 2021 at 4:13 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.
Probate Litigation Attorney serving Lawrenceville, GA
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It depends on the name on the deed. You have to be the only owner to refinance the home. If the deed with your wife was joint with you and contained a right of survivorship title, then you own the house individually today. If you and your wife owned the house as tenants in common, you will need to open your wife's estate to transfer her interest in the property before you can refinance the house.
Answered on Jan 30th, 2021 at 5:49 AM
2 Awards
Unless the property was held in joint tenancy or joint with right of survivorship, you must first probate your wife's estate to transfer her interest to you. Contact probate attorneys who practice in your county.
Answered on Jan 30th, 2021 at 5:16 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.