Why Do I Need To Start A Probate?
Why Do I Have to Start Probate?
The answer is because you need your deceased loved one’s signature in order to transfer property.
If your mom or dad died and they owned a home not in a trust, in the name “John Smith” or “Mary Smith” when they die, the only person who can sign anything for the home would be “John Smith” or “Mary Smith.”
Now that they are gone, somebody has got to have the legal authority to take care of that property, especially if the children plan to sell the home and those net proceeds are going to be distributed to the children as part of the probate estate.
No one can sell the property until the probate is opened and the executor or administrator is appointed by the court is given authority to act on behalf of the estate and sign legal documents.
The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307