Willits, CA Estate Planning Law Firms & Lawyers

It depends on the value of the property; you might be able to use a Small Estate Affidavit (a.k.a. Affidavit of Claiming Successor). If your siblings would join you in executing a deed after the required period of time, this could work. Otherwise, yes, probate. If the land is worth more than $200,000, it's worth a few thousand to do the probate.

Was the property legally transferred to the 6 sons? If so, then your father legally owned a percentage of the property and it would need to be transferred to his surviving spouse and heirs, depending on what his will states. If he did not have a will, then it would pass to his wife and kids under the probate laws.

Without a Will, you are stuck with the Michigan intestate code. It provides for a differing disposition, depending on the relation of all the parties. If the surviving spouse is also the mother of the son, then the amount would be different than if the son if from a prior relationship. The spouse would generally get an additional $50k if the child was hers, as well. The spouse would be entitled to $150k, plus half of the balance, in that case, plus and adjustment for inflation. If the son was not the child of the surviving spouse, it would be $100k plus half of the balance, plus the inflation adjustment. The spouse might also be entitled to a family allowance, homestead allowance and exempt property allowance, which could add another roughly $50k to her share.