I am so sorry for your loss.  Please speak with an attorney in your area on this matter. I can tell you that in the state of New York, it has been long standing law that real property "devolves" at the moment of death directly to the statutory distributees, legatees, or heirs at law without any necessary action on their part. And thus property can be transferred by this group of heirs with out the necessity of probate.  Now, because the property was in Dad's name alone, had he died intestate it would have gone to your Mom as spouse and the kids equally (but not less than 1/3 of the entire estate to your Mom). See if it is possible for you and your Mom to transfer the property via Heir at Law deed to your Mom alone or maybe even seek consultation about placing the property in a Trust or other form of estate planning vehicle.  Good luck.