QUESTION

Do I have to go thru a probate process to sell my parents home, I'm an only child?

Asked on Oct 02nd, 2017 on Wills and Probate - Oklahoma
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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The fact that you are an only child does not affect the answer.  What you need to know to answer the question is what name is on the title.  If the deed is in the name of your last parent to die and only in that parent's name, then yes, you will go through probate to do anything with the house.  You can sell it during probate but it is cheaper to wait until title is in your name alone.  If however your parents did estate plannign to avoid the probate process they will have titled the deed to a trust or transfer on death to you or perhaps joint with rights of survivorship with you, in which case you will not have to probate. Probate is a titling game.  If a decedent dies with title to real estate in the decedent's name alone with no further designations, then to probate court you must go.      
Answered on Oct 03rd, 2017 at 10:56 PM

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