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All I Deed is the Air that I Breathe

(With apologies to the Hollies) How far do one's private property rights extend? For most property owners, the common understanding of property rights is limited to what they can find written on their deed. Deeds, or the documents evidencing title to real estate, describe real property by its boundaries, along with the rights and privileges (or restrictions to those rights and privileges) associated with the use of a specific parcel. Perhaps the property includes mineral rights. In tha...


Virginia Probate Process for Real Estate

Probate is the legal process of settling a decedent's estate and distributing his property to devisees according to the provisions of a will or to heirs at law. Probate procedures are codified at Title 64.2 of the Code of Virginia. The Circuit Court of the county or independent city where the decedent resided at the time of death oversees the probate of an estate in the Commonwealth of Virginia (64.2-443). Typically, the Clerk or Deputy Clerk of the Circuit Court handles formal administration...


Probate and Sale of Real Property in West Virginia

Probate is the legal process of settling a decedent's estate and distributing property to those entitled to receive it. This involves authenticating a testator's will upon his or her death and transferring property to the named beneficiaries, or, if the decedent dies without leaving a will, determining the decedent's legal heirs. Probate ensures that, by complying with state law, clear and marketable title passes to devisees or heirs at law. Assets titled solely in the decedent's name are sub...


Transferring Real Property from a Probate Estate in Vermont

When a person dies, her debts and assets become part of her estate and are subject to a legal process called probate. "Probate" means to prove the validity of a will, but the primary objectives of probating an estate are settling the estate's debts and distributing the remaining assets to beneficiaries according to the terms of the decedent's will. A will is insufficient to pass title to real property unless it has been proved in a Vermont probate court (14 V.S.A. 101). If a decedent d...


Transfers of Real Property from an Estate: Utah

When a person dies, his or her assets become part of their estate. Probate is the process of settling and distributing the decedent's estate to the people entitled to receive it. The Utah Uniform Probate Code, which sets forth the state's rules for this process, is codified at Title 75 of the Utah Code. An estate can be probated formally or informally. Formal probate (under 75-3-401 et seq.) involves more court supervision and is typically reserved for situations in which there are disputes. ...


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