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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7391
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My father died on October 5, 2016. He left a will with my

Customer Question

My father died on October 5, 2016. He left a will with my mom as his Personal Representative, who predeceased him in 2015, and now naming me as the Personal Representative. The only asset is the house, which is to be divided to all 3 children (I am one of the three). Do we have to go to probate to sell the house? There are no debts, no mortgage, no other heirs and we are all in agreement as to the disposal of the house.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: District of Columbia
JA: What documents or supporting evidence do you have?
Customer: The original Last Will and Testament of my father.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nope
Submitted: 11 days ago.
Category: Estate Law
Expert:  LegalGems replied 11 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 11 days ago.

My sympathies for the loss of your parents.

Unfortunately probate is required when the property exceeds $40,000

http://www.dccourts.gov/internet/superior/org_probate/seb.jsf

This explains the process for when there is real estate:

http://www.dccourts.gov/internet/superior/org_probate/adm.jsf

Basically one needs to petition the court, and the court will issue Letters Testamentary allowing the representative to act in all legal matters regarding the decedent's property. This person may sell the home and then distribute the proceeds according to the estate plan.

Here is a very comprehensive guide:

http://www.dccourts.gov/internet/documents/afterdeathaguidetoprobateinthedistrictofcolumbia.pdf

This also allows the title on the home to be marketable, as if one does not go through probate most third parties will not purchase the home due to title concerns.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 9 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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