Probate
Definition and meaning of Probate in real estate.
Probate is the legal process through which a court validates a deceased person's will, identifies and values their assets, settles their debts, and distributes the remaining property to beneficiaries. In real estate, probate is often required to legally transfer home ownership after the owner passes away.
In more detail
When real estate is held in the name of a deceased person, the property cannot be sold or transferred until the probate court authorizes a personal representative or executor to sign the deed. The probate process can take several months or even years, depending on the complexity of the estate and whether anyone contests the will.
Buyers purchasing a probate property often face delays, as court approval may be required to finalize the sale. Property owners frequently use living trusts or joint tenancy to allow real estate to bypass probate entirely.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Primary purpose | Validating a will and transferring estate assets legally |
| Typical timing | Several months to over a year |
| Avoided by | Placing real estate in a living trust or holding joint title |
After a homeowner passes away, their heir wants to sell the house, but because the property was owned solely by the deceased, the heir must open a probate case in court to obtain the legal authority to sell the property.
Frequently asked questions
Can you sell a house while it is still in probate?
Yes, but the estate's executor or administrator must handle the sale, and in many jurisdictions, the probate court must approve the final transaction before closing.
What happens to real estate if someone dies without a will?
The property still goes through probate, but the court distributes it according to state intestacy laws, which dictate who the legal heirs are.
Related terms
Sources & references
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