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(With apologies to the Hollies) How far do one’s private property rights extend? For most property owners, the common understanding of property rights is limited to what they can find written on their deed. Deeds, or the documents evidencing title…
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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…
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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…
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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…
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Eminent domain: An eminence front?
A simple Google image search of “eminent domain” returns countless cartoon depictions of the giant arm of Uncle Sam hovering above a modest home, while a defenseless figure guards the front door, powerless to stop the inevitable seizure of his…
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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…
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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…
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Transfers of Condominium Units in Arizona
The Arizona Condominium Act is codified at ARS 33-1201, et seq. A condominium is a piece of real estate, portions (units) of which are reserved for separate ownership, with the remainder designated for common ownership, solely by owners of the…
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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…
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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…
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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…
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Transferring Probate Realty in Oregon
Probate is the legal process of settling a decedent’s estate and distributing property to those entitled to receive it, whether by devise of a will or laws of intestate succession. The laws for probate are codified at Title 12 of…
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Ohio Fiduciary Deeds for Administrators and Executors
Probate is the legal process of settling a decedent’s estate and distributing the remaining assets to beneficiaries. Distributions of a decedent’s property are made according to the terms of a probated will (for testate estates) or pursuant to Ohio’s laws…
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Probate and the Devolution of Real Property in North Dakota
Probate is the legal process of settling an estate and distributing the remaining assets pursuant to the decedent’s will or, if the decedent died without a will, according to the laws of intestate succession in the relevant jurisdiction. The district…