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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34305
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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If a home is left to a person designated in a will does it

Customer Question

If a home is left to a person designated in a will does it have to go through probate court? (Massachusetts)
Submitted: 10 months ago.
Category: Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the house wasn't already titled as being jointly owned by the deceased and the heir, then yes, it has to go through probate. The reason is that the house would be in the estate and have to be transferred by a deed. The only person who can sign a deed for the estate is the executor of the estate. And the executor is only legally appointed by a probate court judge after filing a probate case to settle the estate.

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thanks

Barrister