Life estate question - life tenant passes away
Does the property need to go through probate in order to be transferred when the Life Tenant passes away?
Thanks in advance
Don't know about where you're at, but my one experience in this area is no.
The life tenant wouldn't be owner of record, if they were, there wouldn't be a life estate. If they don't own, and the life estate expires at death, not sure what interest in the property would be subject to probate.
In my case, title was held by a trust. After death, the trustees put the house up for sale and when sold the proceeds distributed directly to the beneficiaries. I don't remember that there was anything recorded that would cloud title. The granting of the life estate was in the trust documents.
Check the recorded documents at the clerks office. Who holds title and are there any documents recorded that would prevent the owners of record from selling. I would think that if anything was recorded, it would be satisfied by recording the death certificate.