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 scrutiny, as it’s typically one of the largest assets a
person leaves behind.
Under the court’s watch, the executor or administrator must
first be officially approved. This executor must take an inventory of the
estate and correctly identify — and notify — potential creditors and beneficiaries.
Anyone who rejects their potential claim to the estate must sign a disclaimer
There’s a good reason for every step in the process, and for
taking each step according to the probate court’s rules. Following all the
legal requirements supports the integrity of the home title. So, if you are an
executor or a beneficiary who expects to sell real property from an estate, here
are the steps to take, and tips to help you prepare.
When a person passes away, the death certificate and last
will are submitted to the county probate court. A person representative begins
the process of passing assets along as the will directs — except when other
valid legal instruments have priority. One of those instruments is the
all-important real estate deed.
Houses can be left to their owners’ chosen
beneficiaries through wills. But when someone who co-owns a house passes away, questions
may arise as to what the last will says versus what the deed says. In case of a
conflict, does the last will get the last word? Short answer: probably not. The
long answer starts with the
way the title is vested.
Survivorship Rights Vs. Tenancies in Common
When an owner dies, a properly signed and recorded deed directs
and channels the person’s property interest to its next owner, typically according
to the following rules.
wants to get ready to sell the house, and pay off some debt.
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 the
named as the next owner in the will, and never refused the
deed. So, legally, A.W. owns it, right? Wrong. Procrastination is
the thief of assets, as A.W. learned the hard way. A will does not enact
itself. It has to be probated according to a timeline.
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 asset passes to the surviving owner upon presentation of a
certified copy of the former owner’s death certificate. In other words, the
surviving co-owner absorbs the share of the person who has died.
Yet many people die as the sole owners of real estate, which
then becomes probate property.
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 depends on the nature of the debt.
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.
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.
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 dies intestate (without a valid will), her estate is distributed in
accordance with Vermont’s laws of descent and distribution, codified at 14
V.S.A. 301, et seq.
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.