Probate Real Estate

Whether it’s an heir, seller or buyer, the definition of probate real estate never changes: someone owned real estate, they passed away, and in order for the rightful heirs to have title to the real esate to sell/convey/transfer, the heirs must go through a formal court process called probate to officially transfer title. An attorney opens a court file procedurally moving what the deceased had to the rightful heirs.

Probate real estate typically involves one house which is the primary residence of the deceased. One or more heirs of the decedent are motivated to sell the real estate and they will need to list the property, after an attorney is retained to handle the probate. Once the probate transfers title, the heirs can proceed to accept a sales contract and close on the property with the distribution of assets.

When is probate needed? If a deed is titled with only one spouse and that spouse dies, probate will be required; if there is property owned by more than one family member or unrelated partners, then the death of one may generate a need for probate. There are other reasons for the requirement of probate, which is why an attorney is necessary to review the situation.

Barbara is now certified as a Probate Real Estate Advisor (CPREA) and can offer her services to those in this situation. We have a list of professional service providers for any repairs needed or the removal of personal belongings; we have a welcome kit of valuable information and recommendations; we have a customized booklet explaining probate procedures; we even have a “Whippet Membership” that will grant lifetime benefits such as FREE photocopies, faxes, notary service and more. Personally, we will coordinate any steps necessary to take with you, your attorney, buyer and lender throughtout the transaction.