Your Real Estate and Probate

Image of a small house with trees behind and a large yard in front. Captioned: 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 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.

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Probate Creditors’ Rights Under Texas Law

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 depends on the nature of the debt.

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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 complying with state law, clear and marketable title passes to devisees or heirs at law.

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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 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.

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Transferring a Decedent’s Real Property in South Dakota

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 succession.

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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 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.

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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 the remaining property to heirs and devisees entitled to receive them. Probate procedures are codified under Title 33 of the Rhode Island General Laws.

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