[WSBARP] Probate transfer of encumbered home

[Bickel, Dwight]

Consider that it may be easier for the heirs if the PR sells the property directly, without the prior conveyance of title to the three heirs. If they don’t want to retain ownership, there is no reason to put them in tenancy in common. Joint ownership will have joint responsibilities for management, and all listing and sale documents will require execution by all. In addition to clearing title of the heirs (and spouses), there are risks of tenancy in common that the title will become encumbered by involuntary liens that attach due to those individuals.

The PR could alone do the listing, management and sale documents, then later divide the net proceeds.




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