Losing Spouse/Parent

questions & answers

Question: My mother passed away September 14m 2009. In her will she designated that I was to receive 75%, my sister the remaining 25%, upon the sale of her home. I need to transfer title to me, how? I reside in Pima county.

Answer: If the equity value of the home is greater than $75,000, a probate will need to be opened. The Personal Representative of the Estate, once appointed by the court, can then do a Deed of Distribution to show how the property ownership is split. The Personal Representative could also simply list the house for sale and then divide the proceeds according to the Will. If the property is worth less $75,000, the property can be "collected" by affidavit, which is filed with the court and then the title can be transferred. A new deed would be recorded to show the change in ownership.

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QUESTIONS

  • My mother passed away September 14m 2009. In her will she designated that I was to receive 75%, my sister the remaining 25%, upon the sale of her home. I need to transfer title to me, how? I reside in Pima county.

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