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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33713
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was wondering how I can sell an inherited house without going

Customer Question

I was wondering how I can sell an inherited house without going thru probate. I need to spend some money to fix up the house before I sell it but do not want to put my money into the property. Both siblings are deceased but one had two children.
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?
Customer: I live in GA and the property is in NC. The approximate value is around $70,000 at best. 60 year old home.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 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..I was wondering how I can sell an inherited house without going thru probate..Unfortunately, legally you can't. In order to be able to sell the property, you have to be able to convey clear title. And you can't convey clear title unless all the owners sign off on the deed. And right now, the house is owned by the estate and only the executor/Administrator has the power to sell estate assets. And you can only get to be executor/Administrator if you file a formal probate petition and are appointed by a judge..So you wouldn't be able to sell the property if it is still in the deceased owner's name unless the property goes through probate..The only other possible way would be to use and possess the house for 20 years, preventing any other parties from using or occupying it, so you could claim ownership under "adverse possession" and file a "quiet title" lawsuit to have a judge order you were the sole owner...I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy.....thanksBarrister