Owner Died, But Property Wasn't Included in Probate

2 Replies

Hey everybody,

Found an off market deal where the owner died, the will was probated, but the real estate wasn't included in the probate.  The executrix/heir of the property lives local to me, so no big deal there.  It seems like they are just letting this place sit. 

My question:  Would the probate case need to be reopened (closed currently) to transfer the real estate to the heirs, or could the executor sell it (obviously not directly) without the case being reopened.  

What I find strange is that the real estate was in the will, but after reading the probate docket and looking at the auditor's site, the property is still in the name of the deceased (2013 death).  Thanks!

The executor of the estate must have the courts written permission to sell the property and settle the debts of the estate including legal fees.The property should have been probated along with the other assets.If not,probate needs to begin again unless the home was inherited by an individual or group by way of a will or living trust.

Originally posted by @Brandon Battle :

The executor of the estate must have the courts written permission to sell the property and settle the debts of the estate including legal fees.The property should have been probated along with the other assets.If not,probate needs to begin again unless the home was inherited by an individual or group by way of a will or living trust.

 I think you are giving specific legal advice based on your guessing what ought to happen. 

While we know the general facts and circumstances, and I remind all that probste laws are state specific and even those statutes can be affected by local rules of court procedurally, we don't know the case. 

It is possible, at in least in my state, CA, for the Final Order for Distribution to include an "Omnibus Clause" which gas been signed by the judge or other bench officer. Such a clause is a sort of 'wild card' clause which addresses real property and certain other asset classes that were inadvertintly omitted or not identified in the Will and therefore missed during probate.

Whiles there's no assurance that this clause is application in your state nor included in the Final Order, it is a place to start.

So, I would pull a certified copy if the Order and review. Alternatively, your former PR (executor) may be able to append the prior Order by Petitioning the court for an Amended Order.

Of course, I am not an attorney however probate ihas been my niche for three decades and it's all about finding practical solutions to others' problems.

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