Selling inherited property that never went through probate

[Monica Covington]

Jurisdiction

Oklahoma

My great grandparents' home has been maintained and used as a reunion site for our family since their deaths approximately 45 years ago. Their children, all of whom are now deceased, never sent the property through probate/succession. While there are probably 200+ descendants, there are only about 40 of us that still get together. (This groups has been financially keeping the place up all these years.) The house needs some major repairs and we were wondering if/how to sell a piece of the property to cover the costs. (There is a parcel of land not attached to the property with the house.) Any idea on if that is even possible without having any idea of how to contact or find all remaining heirs?

 

[zddoodah]

My great grandparents' home has been maintained and used as a reunion site for our family since their deaths approximately 45 years ago. Their children, all of whom are now deceased, never sent the property through probate/succession.

So...the property still stands in the name of your g-grandparents?

Also, I'm not entirely sure what you mean when you say that your grandparents and their siblings "never sent the property through probate/succession." Does that mean that no one probated either of the g-grandparent's estate (it would be the second of them to die that would be more important)? Or did the estate go through probate but no one actually bothered to transfer title? I understand you may not know the details of what probate actions did or didn't happen.

we were wondering if/how to sell a piece of the property to cover the costs. (There is a parcel of land not attached to the property with the house.) Any idea on if that is even possible without having any idea of how to contact or find all remaining heirs?

If the house still stands in your g-grandparents' names, you'll have to do one of two things: probate or some sort of regular civil lawsuit. Either way, you'll need to identify all of the living heirs and make SOME sort of effort to serve them with notice of the proceeding. If you're lucky, the court will allow you to do some sort of notice by publication in a newspaper or online. However, I'd image that, between the "40 of [you] that still get together . . . [and] financially keep[] the place up," you'd be able to identify and track down everyone.

In any event, you should consult with a local real estate lawyer. Even if it costs $20,000, that's only $500 per person when split between 40 people.

 

[adjusterjack]

Any idea on if that is even possible without having any idea of how to contact or find all remaining heirs?

Of course, it's possible. You're going to need a lawyer and it's going to cost you.