How could I transfer my mother's property after she passed away? 9 Answers as of August 17, 2015

After a consult with an attorney last year, I was told that my mother had no estate. I just found out that the title to her mobile home is in my name, but the warranty deed is still in her name. The property is paid off, and had been homesteaded. How can I transfer the property to myself? The property and land are worth about 70,000 and I am a resident of Florida. Do I now have to go to probate?

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Ronald K. Nims LLC | Ronald K. Nims
Yes, real estate of a deceased can only be transferred by the probate court.
Answer Applies to: Ohio
Replied: 8/17/2015
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
Yes, but maybe not. If you are the only heir and the only user of the property and there is no debt on it and you do not need to sell it, you can finesse the probate by waiting five years and then if you need to sell it, you can get title insurance based on an heirship affidavit.
Answer Applies to: Oregon
Replied: 8/14/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Don't understand title in your name but deed in Mom's. In any event, please see a lawyer experienced in estates. There are several ways to transfer small estates without probate.
Answer Applies to: California
Replied: 8/14/2015
Vandervoort, Christ & Fisher, P.C. | James E. Reed
You need to open a probate for her estate, get a personal representative appointed, and have the personal representative convey the property to you.
Answer Applies to: Michigan
Replied: 8/14/2015
Law Office of T. Phillip Boggess | T. Phillip Boggess
I?m assuming that the she was an Illinois resident. In Illinois, if the total estate (this property and the property she had before) is less than $100,000 in value, you can use a small estate affidavit rather than go through probate.
Answer Applies to: Illinois
Replied: 8/14/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    You may be able to use a Small Estate Affidavit to transfer the land, if your mother had a will and you have the original will, or if she had no will and you are her only heir at law.
    Answer Applies to: Oregon
    Replied: 8/14/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    You will need to open her probate estate to transfer real estate. Contact an attorney specializing in estate matters.
    Answer Applies to: Colorado
    Replied: 8/14/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    In Illinois you must open a probate proceeding to transfer title to real estate held in the name of a decedent. It may be possible to persuade a title insurance company to insure over the title defect that results from a transfer of the property without opening a probate but it would probably require payment of an insurance premium and possibly taking out a bond. These costs would not likely be much different than opening a simple probate case.
    Answer Applies to: Illinois
    Replied: 8/14/2015
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    Yes, you need to file a probate case for your mother's estate. I'd be happy to help you if this property is in central Kentucky. Or, I can recommend a local attorney if it is too far from Lexington. Do not delay in moving forward because there are real estate taxes that accumulate each year and those tax bills can be sold by the county, causing the payoff to rise dramatically.
    Answer Applies to: Kentucky
    Replied: 8/14/2015
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