Estate Law Questions? Ask an Estate Lawyer.
Good afternoon. Yes, file a petition with the probate court asking the court to enjoin any transfer of the property until the will is produced and probated. Along with filing the petition, file a lis pendens (which is just a fancy name for a lien in this situation) against the property which will indicate to any prospective purchaser that there is a suit involving ownership of the property and will prevent any purchaser becoming a bona fide third party purchaser by buying the property. This will insure that the property is not sold while your petition is being adjudicated by the court.
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