Posted by Rick, the Probate Guy on June 12, 2006 at 23:30:33:
What is it that you want to do? Do you wish to purchase the house? If so, in order to obtain marketable title, the asset (the house, at least) will need to be probated. If you have any plans to resell the house or obtain financing, you’ll need marketable title (title insurance).
Have you determined who all of the heirs are? Have you asked them if they will sell (assign) you their interests?
If one of the heirs becomes the adminstrator, you can purchase the property from the estate without much concern of repercussions due to creditor’s claims and other heirs but will have less control. If you become the administrator, you’ll have more control but will also have the dual problem of having the fiduciary responsibility to marshal the assets, pay all creditors, satisfy the courts and avoiding claims by dissatisfied heirs. It’s your call.