What Happens to the Property when a Person Passes Away?

When a person passes away with a valid will in place, their property will go through the process of testate probate. If you have come across this post because you are currently going through this process- I am here for you and a phone call away, no matter where in the country you are.

Here are the general steps that a property goes through in testate probate:

Filing the will: The executor named in the will must file the original will and a death certificate with the probate court in the county where the deceased person lived. The court will then validate the will and issue letters testamentary to the executor, giving them the legal authority to manage the estate.
Identifying and valuing assets: The executor must identify and value all of the assets owned by the deceased person at the time of their death. This may include real estate, bank accounts, investments, personal property, and other assets.
Paying debts and taxes: The executor must use the assets in the estate to pay any outstanding debts or taxes owed by the deceased person.
Distributing assets: Once all debts and taxes have been paid, the executor can distribute the remaining assets to the beneficiaries named in the will. The distribution must be done in accordance with the terms of the will.
Closing the estate: Once all of the assets have been distributed and all debts and taxes have been paid, the executor can close the estate. They must file a final accounting with the probate court and obtain a discharge from their duties as executor.

The process of testate probate can take several months or even years to complete, depending on the complexity of the estate and any legal challenges that may arise. It's important for the executor to work with an experienced estate attorney to ensure that the process is handled properly and in accordance with the law.

I work with estate attorneys often and help smooth the transition of the property privately or on market. Please reach out to me about the real estate side of selling the property- I understand that this is may be a difficult time for your family and there are many things I offer to my estate clients to help them through the process. It is never too early to reach out!