When a family member who owns real estate passes away, several steps are typically taken to address the property’s disposition. Initially, the property may enter probate, which is a legal process that determines how the deceased individual’s assets, including real estate, are distributed in accordance with their will or state laws if no will exists.

During probate, the court appoints a personal representative to manage the deceased person’s estate, including the real estate. The representative is responsible for inventorying the assets, addressing any outstanding debts or claims against the estate, and ultimately facilitating the transfer or sale of the property to the rightful heirs or beneficiaries.

If the deceased left a valid will specifying the distribution of their assets, including real estate, the property will be transferred in accordance with the terms of the will. If there is no will or the will is contested, the court will oversee the distribution of the property in accordance with state intestacy laws.

In some cases, the heirs or beneficiaries may choose to sell the property rather than retain ownership. This process may involve listing the property on the market, conducting negotiations with potential buyers, and completing the sale transaction.

Throughout this process, it’s crucial to seek guidance from legal and real estate professionals who specialize in probate matters. They can provide invaluable assistance in navigating the complexities of probate, ensuring compliance with legal requirements, and facilitating a smooth transfer or sale of the property.

Dealing with a family member’s estate that has passed away can be challenging, consider consulting with a knowledgeable attorney or real estate agent experienced in probate sales. Their expertise can guide you through legal complexities, ensuring a successful resolution of the estate’s affairs. Reach out to Hello@TheHighlandCompanyRE.com today.