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.
Continue reading “Your Real Estate and Probate”
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.
Continue reading “Probate Creditors’ Rights Under Texas Law”
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.
Continue reading “Probate Process for Real Estate in 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.
Continue reading “Probate and Sale of Real Property in West Virginia”
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.
Continue reading “Transferring Real Property from a Probate Estate in Vermont”
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.
Continue reading “Transfers of Utah Real Property from an Estate”
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).
Continue reading “Transfers of Probate Realty in South Carolina”
What happens to your assets when you
die? Depending on how your property is titled, they become part of your estate,
and are subject to administration in probate. Probate is the legal process of
settling a decedent’s estate and distributing assets to those designated to
receive them, whether through devise by will or by laws of intestate
Continue reading “Transferring a Decedent’s Real Property in South Dakota”
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 assets are
subject to probate. Probate property typically includes any property the
decedent held in his or her name alone. Property titled with a right of
survivorship or with a beneficiary designation is generally exempt from probate,
as is property held in a trust.
Continue reading “Tennessee Probate Transfers of Real Property”
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 the
remaining property to heirs and devisees entitled to receive them. Probate
procedures are codified under Title 33 of the Rhode Island General Laws.
Continue reading “Probate and Real Property: Rhode Island Edition”