Can deceased uncle's house be transferred without going through probate?

[bantling]

What is the name of your state (only U.S. law)? PA

I am going to cross post this into the real estate thread because I am not sure of the appropriate place for this question.

My uncle recently died. He had a will. In the will, he gifted my mother one half a side of his duplex, and a one-third share (the other two thirds going to another brother and sister) in the other half of the duplex. In the side of the duplex he gifted to my mother, my sister is now living in and has lived there alone for the past 4 years since my mother moved out. Previous to that my mother lived there since about 1982.

The eldest sister now says that she doesn't want to use the will because they will have to go through probate. My question is this: can the house be transferred from his name to my mother's name without going through an estate proceeding being that he's dead? My mother is concerned that her sister is going to try to sell the house instead of distributing it as was described in the will.

 

[tranquility]

Only if you can get a dead person to sign the deed can it pass without probate.

 

[anteater]

And I'll toss in a few things:

How does the eldest sister propose to sell something that she does not own?

PA has an inheritance tax. The rate for transfers to siblings is 12%. The tax return and payment is due 9 months from the date of death. Make payment within 90 days of death and there is 5% discount. Dither around past that 9 month due date and watch the penalties and interest accumulate.

Ignoring the entire thing and leaving the property in uncle's name as if he has not passed away just creates ginormous complications down the road.

Probate in PA is not terribly expensive or complex. Who has the original of the will and who is nominated to serve as the probate estate's personal representative? If it is the eldest sister and she refuses to do anything, your mother should apply to open probate and compel production of the will.

Check out the county website and look for the Orphans' Court page. Most PA counties have pretty decent websites.

 

[bantling]

Thank you for your quick and helpful replies.

There is some feuding involved in the matter. My aunt (the eldest sister) says she does not want to use the will because of probate. She lives out of state. The day after the funeral, she went into my late uncle's home, gathered up as many things that she could find (he was a really extreme hoarder) that pertained to his financial matters, checkbooks, bills, savings account passbooks etc. along with a few other items like a cigar box that we don't know the contents of, didn't explain what she was taking or why, and split the cash money they found between herself and my uncle, but not my mother.

After she took the things back to her home out of state, she called my mother and said that she did not want to use the will. In the will all money, stocks, bonds, savings, etc. are divided equally. We do not know what his financial situation was and she is revealing nothing.

We are not so concerned with the money. Some money would be helpful, as it is going to cost quite a bit to empty the house of 30 years of hoarding. We are mostly concerned with the house as my sister currently lives there and planned on living there until she finished school.

As of yet, no one has discussed anything with my mother about who is to be administering the estate, but from appearances, it looks as if my aunt is assuming that role. My aunt has the original will. My other uncle and mother have copies. I should not that my aunt was reluctant to give them up, but I am unclear as to why.

Thanks for your help. I will do some research, but didn't know where to start.

 

[LdiJ]

Thank you for your quick and helpful replies.

There is some feuding involved in the matter. My aunt (the eldest sister) says she does not want to use the will because of probate. She lives out of state. The day after the funeral, she went into my late uncle's home, gathered up as many things that she could find (he was a really extreme hoarder) that pertained to his financial matters, checkbooks, bills, savings account passbooks etc. along with a few other items like a cigar box that we don't know the contents of, didn't explain what she was taking or why, and split the cash money they found between herself and my uncle, but not my mother.

After she took the things back to her home out of state, she called my mother and said that she did not want to use the will. In the will all money, stocks, bonds, savings, etc. are divided equally. We do not know what his financial situation was and she is revealing nothing.

We are not so concerned with the money. Some money would be helpful, as it is going to cost quite a bit to empty the house of 30 years of hoarding. We are mostly concerned with the house as my sister currently lives there and planned on living there until she finished school.

As of yet, no one has discussed anything with my mother about who is to be administering the estate, but from appearances, it looks as if my aunt is assuming that role. My aunt has the original will. My other uncle and mother have copies. I should not that my aunt was reluctant to give them up, but I am unclear as to why.

Thanks for your help. I will do some research, but didn't know where to start.

Your mother should take her copy of the will and talk to a probate attorney.

 

[anteater]

...she called my mother and said that she did not want to use the will.

Your aunt can take the original of the will, gather up all the copies, toss them all on the barbie, and make believe that no will ever existed. That does not eliminate the need for probate.

I will do some research...

I have to tell you bluntly... I don't know what it is that you think you are going to research. This is really a simple situation. But your mother's sister is going to turn it into a three-ring circus and [bleep] it all up. Unless your mother is content to let that happen, she takes action now. Contact a local probate attorney or two, retain one if necessary, and get probate started.