Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
12y
Here's the easy way:
Think of probate as a title problem. If you did not sell or transfer property prior to death, you are unable to sign a deed. (That would be quite a trick).
As for real estate, probate laws and courts provides a way for someone else to transfer assets, including real estate, subject satisfying any debts that you've incurred prior to passing.
As for real estate opportunities, think of them in terms of a timeline:
Pre-probate - prior to any legal title transfer
During probate - property sold during the probate process
Post-probate - property that has been distributed and transferred to an heir or beneficiary under a will
These are my definitions. They make it much more clear in discussions.
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@Michaela G. I have this very situation quite often here in Florida. How did you conduct the transactions when there has not been a probate process and probably won’t be and the seller is deceased yet the title is still held in the deceased name? Did you have all children quitclaim the property to you? A structured buy out?
Each state has their own rules for those situations. In Georgia, if the person on title died more than 7 years ago it can be done with affidavits.