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Probate Real Estate-Legal Consideration

Probate Real Estate

What is Probate? An Overview

When a person dies, their estate goes through a legal process called probate. For the probate process to begin, someone must come forward to start it. This obligation usually falls to the executor chosen by the deceased person to oversee their estate affairs once they pass away.

If there is a will, the executor must file it with the probate court. Some other forms may be filed, and fees to be paid. If there is one, the will will need to be authenticated- shown to be the last word and testament of the deceased. The estate executor can expect their role to last anywhere from six months to one year.

If you need help beginning the probate process, Yonano Law Offices, PC has probate lawyers who understand California’s probate code. We are available to help you.
Call 916-894-8790 to schedule an appointment.

How is Real Estate Impacted By Probate?

Real estate owned by a deceased person can frequently complicate the probate process. Even if the person left a will clearly stating their wishes, hiring a probate lawyer to help guide you is advisable. It is frequently challenging to divide assets of such significant value fairly. Disputes often arise among family members. The legal team at Yonano Law Offices, PC, is dedicated to making dealing with real estate in probate as easy as possible. We aim to help mitigate some of these issues to prevent disputes from arising and damaging valuable family relationships during an otherwise stressful time.

What Kind of Issues Accompany Real Estate in Probate?

Every case is unique, and every family faces different challenges. When real estate is involved, the process becomes much more complex. State law determines who gets the property if the deceased didn’t leave a will. There are guidelines stating inheritance rules, but this only sometimes prevents disputes from breaking out. A lawyer well-versed in the complexity of real estate law is vital to oversee the process and help you maintain your family relationships. Our real estate lawyer at Yonano Law Firm is a licensed real estate broker in California and understands the details that go into real estate transactions. We can answer your questions and put your mind at ease. Call Yonano Law Firm at 916-894-8794 to schedule a consultation.

Is it Possible to Avoid Probate?

Probate has a bad reputation. Many people think it would be better to avoid it because it can be a long process, and some fees are involved. Still, the truth is that with careful pre-planning, it is much better for your surviving family members if you request that they go through the process rather than trying to avoid it. While there may be some advantages to those wishing to keep their assets out of the public record, which is part of the probate process- the American Bar Association notes that going through probate minimizes “the real issues that can make probate difficult, such as lawsuits by heirs.”

Making clear decisions about whether or not to include your real property in probate and the ramifications of those choices are significant to discuss with your entire family when planning your estate.

What Does a Real Estate Lawyer Do?

There are many ways in which a lawyer well-versed in real estate can be helpful to you and your family during probate. If a family member passes away, a home needs to be sold, and there is more than one remaining heir, a real estate lawyer can be a helpful ally in preventing disputes from erupting. Additionally, it is vital to ensure that the decedent’s final wishes are followed as closely as possible. If any creditors are making claims against the estate, selling any real estate to settle those debts may become necessary, which may cause further complications among family members. If remaining heirs begin to feel that they are being mistreated or excluded from their inheritance, these situations could lead to estate litigation. Real estate lawyers can help mitigate these challenges. Seeing guidance from a professional who can ensure the Probate Process goes smoothly and all applicable laws are adhered to makes sense.

What Happens to Real Estate in Probate?

Probate is different in every situation; a lot depends on the property deed. Real estate is not subject to the probate process in some special situations. Real estate titled Joint Tenancy with the Right of Survivorship (JTWOS) means that the home automatically transfers to the surviving owner (usually the spouse), and the proprietor is then excluded from probate and the estate.

Certain types of trusts are also excluded from probate. A revocable living trust is a trust that lets you transfer the ownership of your real estate into the trust while you are still alive. This type of trust is beneficial because it allows you to change your mind. An irrevocable trust can also be set up, but it is a much bigger decision as it cannot be reversed. When setting these options up for your family, it is imperative to speak with your estate planner to ensure you select the best options for your family’s situation.

Conversely, when the estate is titled Tenant in common, it must go through probate. If there are any unpaid creditor claims against the estate and the home must be sold to pay the debts, the estate must complete the probate process. Yonano Law Office, PC has a dedicated and compassionate team available to help your family. Call 916-894-8790 for a consultation.

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