How Probate is Handled? How Probate is handled sometimes can come down to how a home was titled or other things that can determine that. The Courts may even step in to help handle probate. If you inherited a house that’s in probate and you’re not sure what to expect, well, here’s some insight on what probate is and what you can expect while your home is in probate.
What is probate? How is probate handled?
What is probate? It is the legal process that is required to sell a property that is in the deceased person’s name. When in probate, the court gets involved at a various level, depending on the situation. A person is then administered to the estate, which may very well be you if you’re watching this video. That person’s called the personal representative, or the PR for short. Now, you can also expect there to be an estate attorney to help with this legal process and know that there are some substantial fees associated with completing a probate procedure.
One of the biggest reasons the estate goes into probate, as far as real property goes, is the way the title is held. Now, the best thing to do to avoid going in the probate occurs before the owner passes. By working with an estate attorney, you can avoid probate by putting your assets, including real property such as a home, into a trust. A common misconception about probate is that people think that a will keeps property out of probate. That is not true. The will does allow the deceased to determine such things as who receives what, as well as who will be the executor of the will. This is much better than trying to sell the property into state or without a will. If there is not a will, the state then determines the intestate succession. In other words, who receives the property that is left behind.
Now, if you find yourself involved with probate, there are many resources available to help direct and smooth the way. I’m also equipped to help answer many of your questions, as well as become your resource to connect you with other vendors and services you may need along the way. Always seek the advice of a lawyer or an attorney, as I am not one at all. I am just trying to give you some helpful information on this.