I am buying this house in Tennessee. Husband died and left Will saying "wife gets it all." The wife dies a decade later saying "kids get it all." The Will was filed with the court but the kids never had the house title changed into their names name. There is no mortgage on the house currently (owned freee and clear) Will I be able to get clear title for mortgage if this was not probated?
1 Answer from Attorneys
Probably not. Your title insuror will know the local rules, but generally, probate of the Mother's will is necessary.