Can an heir of a piece of property legally sell it before probate is closed?
That depends. In what state is the property located (and, if different, in what state is the probate taking place)? If it's something that has documented title (and it sounds like you're talking about an interest in real property), has title been transferred to the heir (whom we'll call Jane)?
It was in joint tenancy with rights of survivorship when her parents owned it (no mortgage), then her father died so it should have passed to her mother.
Your use of "should have" implies that this didn't happen. Correct?
A year later, her mother died.
So...11 years ago (2013), Jane's father died, and then her mother died in 2014. Roughly correct?
The mother's probate case is closed but the father's remains open - 11 years after he passed.
Why is the probate of Jane's father's estate still open so long after he died? What happened to Jane's mother's interest in the property at the conclusion of the probate of her estate?
Can she quit claim a title to me if the warranty deed is still in the deceased relative's name?
Sure, but you need to understand that doing so may have no significance. I could, if I wanted, quitclaim title to the White House to you. In practical effect, a quitclaim deed says the following: "The grantor hereby transfers to the grantee all of the grantor's interest in the below-described property.
However, neither the grantee nor anyone else should assume that the grantor has any interest in the property.
In fact, everyone should assume that the grantor has
no interest in the property." In other words, getting a quitclaim deed - and especially if you don't obtain title insurance or have an attorney involved - won't necessarily give you marketable title.
She is the sole executor of her father's estate. It is valued at only $7,500 and I would prefer not to hire an attorney for a closing.
Does "it" refer to the property or the estate?