MY MOM SOLD HER HOUSE,BEFORE SHE PASSED AWAY, DO I HAVE TO PROBATE HER ESTATE.
If the house was sold and the cash received, then your mother's estate would own the cash on her death. Thus, her estate would still have an asset for which you might need probate to transfer to the appropriate heirs. If the contract for sale was signed but the closing did not occur, you would need probate so that an executor (personal administrator) could be appointed to complete the sale transaction. If your mom sold a house before dying, you will need someone in the position to file an income tax return for her (and perhaps her estate). The sale of the house would have resulted in the issuance of a Form 1099 under your mother's name and Social Security number reporting the sales proceeds to the IRS. Thus, the IRS computers will be looking to match that 1099 to an income tax return (even if no tax is due because of the home sale exclusion). So you really might need an executor appointed to file that return. Your question assume that there are no other matters to take care of for your mother's estate other than the house. If there are other assets, debts to pay, etc. you may need probate for them. Hire a local attorney that specializes in probate and that will bill you hourly in case the estate is small and simple.
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