When a couple has a Life Estate Deed with the right to mortgage, sell and conveywithout the consent of the remainderman, does it go through ...

Question

When a couple has a Life Estate Deed with the right to mortgage, sell and convey

without the consent of the remainderman, does it go through the Probate Court?

Answer

No. Assuming those with the life estate are still alive and still competent, then they can do as they please. As written, it is probably not a true life estate, because of the extent of the unfettered right to use, encumber and sell the property.

Probate court only gets involved in petition to partition a property, probate, disputes involving trust and estates.

Without reading the terms of the "Life Estate" it is not possible to be sure no court consent is required, but it is unlikely given your description that any kind of court consent is required.