NAVIGATING REAL ESTATE DURING PROBATE

PROBATE AND ESTATE SERVICES

When dealing with the loss of a loved one, navigating the probate process can feel overwhelming, especially when real estate is involved. This page provides essential information about the probate process, its impact on real estate transactions, and resources to help you through the journey. 

NAVIGATING REAL ESTATE DURING PROBATE

PROBATE AND ESTATE SERVICES

When dealing with the loss of a loved one, navigating the probate process can feel overwhelming, especially when real estate is involved. This page provides essential information about the probate process, its impact on real estate transactions, and resources to help you through the journey. 

A GUIDE TO REAL ESTATE

REAL ESTATE AND THE PROBATE PROCESS

When real estate is part of an estate, the court oversees its distribution. The steps typically include:

DETERMINING OWNERSHIP

Establish if the property is part of the probate estate. For example, properties held in joint tenancy with rights of survivorship or in a trust may bypass probate.

VALUATION

PAYING DEBTS

TRANSFER OR SALE

YOU MIGHT ENCOUNTER

COMMON SCENARIOS

• No Will (Intestate): When the deceased did not leave a will, the court decides how the property is distributed based on state laws.


• Contested Estates: Disputes among heirs or creditors can delay the process, particularly if multiple parties claim ownership.


• Executor Responsibilities: Executors or administrators often handle real estate sales during probate to settle debts or divide assets among beneficiaries.

 

A GUIDE TO REAL ESTATE

STEPS TO SELL A PROBATE PROPERTY

Selling probate property requires careful compliance with legal procedures. Here’s an overview:

OBTAINING COURT APPROVAL

Executors or administrators may need court permission to sell the property.

HIRE PROFESSIONALS

PREPARE THE PROPERTY

TRANSFER OR SALE

MARKET THE PROPERTY

ACCEPTING OFFERS

FINALIZE THE SALE

Real Estate Agents
 

Agents with probate experience can navigate unique sales requirements and attract buyers.
 

Probate Attorneys


Attorneys ensure legal compliance and can expedite court filings, minimizing delays.

DALLAS COUNTY

Dallas County Probate Court Website

COLLIN COUNTY PROBATE COURT

Collin County Probate Court Website

TARRANT COUNTY PROBATE COURT

Tarrant County Probate Court Website

JOHNSON COUNTY PROBATE COURT

Johnson County Probate Court Website

ELLIS COUNTY PROBATE COURT

Ellis County Probate Court Website

HELPING YOU NAVIGATE

FAQS ABOUT PROBATE AND REAL ESTATE

DO ALL PROPERTIES GO THROUGH PROBATE?

No, properties with designated beneficiaries, joint ownership, or held in a trust can avoid probate.

HOW LONG DOES THE PRORATE PROCESS TAKE?

CAN HEIRS SELL THE PROPERTY WITHOUT COURT APPROVAL?

TRANSFER OR SALE