Search results for: “probate”
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Skipped Probate? “Muniment of Title” Might Restore the Deed
Sometimes, when people’s rights to a deed collide, muniment of title can restore the deed to one of them. And sometimes, this process is used on purpose, to streamline probate. Let’s take a look at this strange phrase that can be well worth knowing about.
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You Can Quitclaim Your Home to a Loved One to Skip Probate Costs. Is It Worth It?
A quitclaim deed easily, quickly transfers your home’s title. You can use a quitclaim to give a home to someone else, with no expectation of a payment from the recipient. Some people use quitclaims to pass homes to their family members. So, is this a good way to carry out your wishes yourself — a…
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Best Way to Inherit a Home in Probate: Executor’s Deed, Administrator’s Deed, or Quitclaim?
If you inherit a home, what deed will you get? It all depends on the estate planning done by the late homeowner. If you’re willed the home, it’s likely an executor’s deed. If the late homeowner died without a will, you’ll likely get an administrator’s deed. If you’re receiving your interest from another heir, it…
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The Transfer on Death Deed: Is It Always Simpler Than Probate?
Passing property along when you no longer live in it shouldn’t be a huge hassle. And that’s why an increasingly popular choice is the transfer on death deed. This is a real deed, which designates a beneficiary on the real estate title. If you have a beneficiary in mind, and you aren’t already co-owners with…
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Selling a Probate Property in 6 Steps: Practical Tips for Beneficiaries
Selling a probate property is a study in patience. It’s important to let probate run its proper course. The goal of this court-supervised process is to pay the estate’s debts, and to make sure the deceased person’s chosen beneficiaries receive the value they’ve been promised through the will. The conveyance of a home receives special…
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If You Inherit a House, Act. A Cautionary Tale About Putting Off Probate
Five years ago in Texas, John died, willing his house to a nephew, A.W. Today, A.W. wants to get ready to sell the house, and pay off some debt. Here’s the rub. The will never went through probate, and a different relative of John’s has been living in the home all this time. Who gets…
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Your Real Estate and Probate
When a person dies, the property owned by the deceased person—alone, or in the names of the deceased and another person without survivorship rights—finds its way to the county probate court. If the deceased person co-owned property, and the living co-owner holds a right of survivorship, probate is not an issue for the real estate. The…
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Probate Creditors’ Rights Under Texas Law
Paying off the decedent’s debts is one of the primary duties of an estate’s executor or administrator. Failing to do this can lead to personal liability on the executor or administrator’s part. The estate’s creditors have rights under Texas probate law, but all are time-sensitive. If estate assets are limited, whether the creditor receives reimbursement…
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Probate Process for Real Estate in Virginia
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.
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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…
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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…
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Transfers of Probate Realty in South Carolina
Probate is the legal process of proving the validity of a testator’s will and settling his or her estate after death, including distributing property to those entitled to receive it. The procedures for probate are codified at title 62 of the South Carolina Code of Laws (South Carolina Probate Code).
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Tennessee Probate Transfers of Real Property
Probate is the legal process of proving a decedent’s will and transferring his or her assets to devisees or heirs. The probate process is codified at Titles 30-32, 35 of the Tennessee Code. When a decedent dies, his or her assets become part of the estate. The way the decedent’s property is titled determines which…
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Probate and Real Property: Rhode Island Edition
An important part of being a responsible property owner is estate planning and deciding one’s intentions in the event of death. When a person dies, applicable assets become part of the estate and are subject to administration in probate. Probate is the legal process of collecting a decedent’s assets, settling the decedent’s debts, and distributing…
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Oklahoma Probate and Personal Representative’s Deeds
Probate is the legal process of validating a person’s will and settling his or her estate after death. This includes distributing the deceased’s property to those entitled to receive it. Probate procedures are codified at Title 58 of the Oklahoma Statutes.
