The Property Probate Process

Probate is the process that is sometimes necessary to go through after an individual’s death. This process allows the decedent’s final wishes to be met and for the estate to be divided up amongst their heirs. This is what you may expect to happen to the individual’s property during this process.

A Direct Transfer

The first possible outcome for a house in probate is that it will be directly transferred to an heir of the deceased. This typically occurs when the decedent mentioned a specific heir that would inherit the property within their will. This is the simplest outcome for the property, as it involves the least amount of work on the executor’s end. Ownership of the property will be directly transferred to the individual mentioned, and they will be able to do whatever they like with the property. In many cases, the decedent’s surviving spouse or children will be the sole beneficiary.

The Court Chooses

Sometimes, however, an individual does not leave a will before passing away. This makes the probate process slightly more complicated, as the decedent’s wishes were not clearly stated. If this occurs, the probate court will become more involved in deciding who will inherit the property. Who gains this inheritance depends on the intestate succession laws of the state they inhabit. Ultimately, the judge will make a decision based on these laws and choose an individual to inherit the property. Once again, immediate family members and closest living relatives are the usual beneficiaries in this case. However, some intestate succession scenarios lead to the home needing to be sold.

Executor Sells the Property

In the aforementioned scenario, the appointed executor of the estate may need to sell the property. This has to be done in a very specific manner to fulfill all of the probate laws and financial requirements. Adding this responsibility onto the executor, who just lost someone very close to them, is an incredibly heavy burden. This is especially true because houses in probate so often need extensive repairs before they are in selling condition. However, there is a simpler solution. Selling the property to a cash buyer saves you from any repair work and shortens the process significantly. If you have a probate property in need of selling in the Greensboro area, Joe Homebuyer will give you a cash offer on the home in any condition.

The probate process is usually a difficult process to go through for a variety of reasons. The individual who is named the executor of the estate is usually someone who was incredibly close to the deceased, which adds an emotional burden to the physical burden of handling someone’s estate. If you need to sell a home in probate, consider using Joe Homebuyer to make the process less stressful.

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