Probate Archives - Deeds.com

April 9, 2021April 9, 2021

Selling a Probate Property in 6 Steps: Practical Tips for Beneficiaries

Image of the inside of a house, the room and décor is very dated. Captioned: Selling a probate Property

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 of interest.

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.

November 27, 2020November 24, 2020

What Happens When Wills and Deeds Conflict?

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.

January 14, 2020January 14, 2020

If You Inherit a House, Act. A Cautionary Tale About Putting Off Probate

Image of part of a house on a cliff near a fog covered body of water. Captioned: Real Estate Inheritance, A Cautionary Tale About Putting Off Probate. — 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 the house?

A.W. was 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.

January 2, 2020December 30, 2019

When a Spouse, Partner, or Relative Dies: What’s Next for the Home?

Image of a woman that looks sad standing next to a window inside a home. Captioned: Real Estate and Death. — Real Estate and Death

Homes are complicated assets. When a homeowner dies, this becomes obvious. When loved ones are experiencing grief and loss, the real estate details can border on overwhelming.

If someone in your life died holding an interest in real estate, here is some general guidance. You might have some actions to take, depending on the situation.

April 25, 2019April 25, 2019

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.

December 3, 2018November 29, 2018

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.

August 30, 2018October 29, 2018

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.

August 7, 2018October 29, 2018

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.

July 23, 2018October 29, 2018

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.

July 3, 2018October 29, 2018

Transfers of Utah Real Property from an Estate

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.