Probate

Probate is the court process confirming a will and executor’s authority, required for transferring estate-owned real estate.

Probate

September 30, 2025


What is Probate?

Probate is the legal process by which a court validates a deceased person’s will and authorizes the executor to distribute the estate. In real estate, probate confirms the authority to transfer or sell property from the estate.

Why Probate Matters in Real Estate

Probate matters in real estate because it ensures clear title transfer and protects buyers from disputes. It can delay transactions and incur fees, making estate planning important for property owners.

Example of Probate in Action

After a homeowner’s death, their executor must obtain probate before selling the property and distributing proceeds to beneficiaries.

Key Takeaways

  • Court process validating wills and executor authority.
  • Required for transferring real estate from estates.
  • Adds time and cost to estate administration.
  • Ensures buyers receive clear title.
  • Can be reduced with effective estate planning.

Related Terms

  • Estate Administration
  • Executor
  • Inheritance
  • Title Transfer
  • Estate Planning

Additional Terms

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