Probate versus ''Proof of Death, Heirship''
My neighbor passed away and her heirs are willing to sell me her property. The neighbor did not have a will and her children did not do a probate. Is it acceptable for them to complete a notarized ''Proof of Heirship, Death'' form and an a quit claim deed or must a probate be filed?
1 Answer from Attorneys
Re: Probate versus ''Proof of Death, Heirship''
An interest in Real property to be received by an heir must go through probate for conveyance (deed) to the heir, unless the heir is already on the deed as a joint tenant with right of survivorship. Thus, unless the lady's children were on the deed, they will have to probate the estate to sell it to you. If the house isn't worth very much, the children can run it through a summary administration probate which is quicker and less expensive than a regular probate. As far as the "proof of heirship", there is a statute which permits heirs to claim interests of $10,000 in tangible property. It does not apply to real estate.