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my mother has a house that was only in her name. She passed…

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my mother has a house...
my mother has a house that was only in her name. She passed away and her signed copy of the will cannot be found. How long can you wait to transfer the title to the survivor's. my stepfather is reluctant to go and sign the deed along with my siblings and myself. He wants to wait and not deal with it. Is there an amount of time that you are allowed to wait.
Submitted: 6 years ago.Category: Estate Law
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3/3/2012
Estate Lawyer: Richard, Attorney replied 6 years ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,905
Experience: 29 years of experience practicing law, including tax and estate planning.
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Good afternoon. If there is no will that can be found, that means she will be deemed to have died intestate and the state's intestate rules will apply. Someone will need to file a petition with the probate court to be appointed the administrator of her estate so that he/she will have the authority to act on behalf of the estate. That person can then immediately transfer the property by deed to the parties pursuant to the Illinois intestate succession rules.

 

 

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Richard
Richard, Attorney
Category: Estate Law
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Experience: 29 years of experience practicing law, including tax and estate planning.
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Customer reply replied 6 years ago
Does someone have to be apointed administrator. My real question is how long do we have to get this taken care of since my stepfather is being "uncooperative" He thinks he can wait as long as he wants, but the house right now is in no one's name.
Estate Lawyer: Richard, Attorney replied 6 years ago

Yes...because it's real estate, you cannot do this by small estate affidavit. And, you don't have to wait for the stepfather...anyone can file the petition to be appointed the administrator. If he will not act, one of the rest of you should. Delaying this will not impact the outcome....the intestate rules are still going to apply.

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