What happens to a house that is in probate when the owner dies?
What happens to a house that is in probate when the owner dies?
When a person dies without leaving a will, the house in probate is not automatically passed down to the family. Instead, it goes through the same court proceedings as any other piece of property. Usually, the bank or mortgage company will take over and sell the house at a public auction. The proceeds have gone towards paying back any debts and taxes on the property, and whatever remains goes to whoever is named in their will as their beneficiary. Sometimes the beneficiary is their spouse or child; sometimes it's a charity or another organization.
Probate is a legal procedure, overseen by the court, that determines who gets what property when the owner dies. The house, bank accounts, and investments are all included in probate.
When there is no will, the intestacy laws of the state in which the person died will decide what happens to all the person's assets (house included). Since there are so many different laws on this subject, it is impossible to answer this question accurately for every state.
When there is a will, the executor of the estate decides how property is to be distributed. If an heir objects to the distribution, he or she may bring a legal action seeking to overturn the executor's decision and have things distributed differently.
When someone dies, their estate is in the process of being settled. The estate includes all of their possessions, property and money. When an estate is settled, most of the time, it means that it is distributed to the heirs according to a will or the state's intestacy laws. Sometimes it can be settled without a will, which is called an intestate settlement. If a person dies without having a will, the intestate laws decide who gets what.
If you have any questions or in need a Probate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
