As mentioned earlier, when someone dies, their estate includes all of their belongings that they have gathered or squandered throughout their lives. These items can include homes, cars, savings, investments, etc.
When an individual passes away, their loved ones must go through an administrative process called probate to determine what belongs in the estate and who gets it. This is because most possessions are owned by a business or person entity instead of just you as an individual.
Businesses and individuals use legal paperwork to prove ownership of things such as vehicles, real estate assets, and money. During this process, witnesses will be asked to verify that the property being transferred into the estate is indeed part of the deceased’s estate.
This is where probate real estate comes in! While many people know about probate via TV shows and movies, not too many understand how it works. Luckily for you, we are going to take a deep dive into how probate works so you are well-informed. If you ever find yourself in a situation involving an estate, you now have some tools to navigate more smoothly.
Who inherits the deceased person’s assets
As noted above, probate can be a lengthy process that often attracts media attention. This is because most people do not know what happens after someone dies- how long it takes to settle things down and who gets what.
In fact, in some states there is no formal procedure for opening estate affairs unless you are an heir or beneficiary. There may also be questions about whether or not heirs qualify as “natural persons,” which means they must be at least eighteen years old and alive when you open your uncle’s will (this rule does not apply to married individuals).
Some attorneys create fees for this process so that even people who are not heirs pay money to have their lives impacted by death. It is important to make sure your family is covered before paying such lawyers to help with the process.
Many people assume that since children inherit from parents, then all of the parent’s property goes to children automatically. However, this isn’t always the case. For example, if a parent has life insurance policy, then that asset usually stays with the child who was named as the new owner on the policy.
Furthermore, other relatives might get less than half of the remaining estate depending on who is considered more related to whom. All of these issues can become very complicated and stressful if you are not familiar with them.
Who pays inheritance tax
When someone dies, their estate is said to ‘pass’ or be transferred onto another person. This occurs when the will of the deceased individual states who gets what item(s) in the estate.
However, there are some items in the estate that cannot be passed onto heirs due to them being owned by the government. These include things like homes, cars, and life insurance policies.
When these assets are included in the estate, they must go through an expensive process called probate. During this time, your heir can take possession of the asset as long as it is not sold.
Afterwards, the new owner has to pay inheritance tax on the property. This is done at the state level, so check with yours!
I know it may feel overwhelming to add more responsibilities on top of everything else, but don’t worry – we have you covered. H&R Global Associates handles all of the details for both sellers and buyers in estates, including paying taxes and protecting your belongings while the sale goes through.
We also handle any debts associated with the estate, which makes sense since those individuals no longer exist. We always aim to do right by our clients and help maintain control over their lives after the death of a loved one.
Probate court
When someone dies, their estate is usually settled in a process called probate. This can take anywhere from weeks to years depending on the size of the estate and how quickly people come forward with claims. During this process, you must prove that someone died and their will exists before your title can be transferred.
A person’s will determines who gets what after they die. For example, if the will says ‘I want my house and car but not money, give it all to charity,’ then everyone receives nothing.
So when there is no will, or one that cannot be verified as authentic, everything goes into an auction where each item is sold and the proceeds are given to beneficiaries under the will.
This can mean family members, charities or both. Sometimes there is enough left over for the legal fees to administer the estate. These costs are typically paid by the heirs, not the individual being honored by the will.
Who can be a beneficiary of the estate
Being named as an heir does not automatically make you receive a large chunk of the estate, nor is there any guarantee that your name will appear in the will. Your family members or even strangers may qualify to receive part or all of the estate instead!
In fact, most people do not know who receives what after death until it happens. This is due to two main reasons- legal fees to determine heirs and timing of the loss (of the deceased) and announcement of his/her passing.
Some people are lucky enough to find out which relatives they have before death while others don’t learn this information for years. It depends largely on whether close friends and family tell each other or if someone actually finds and announces the news to them via the internet, phone, or in person.
There are several ways to become an heir through probate real estate including being married to the decedent, having children with the decedent, and inheriting property directly from the decedent.
Legal rules require that anyone who wants to inherit must complete a process called “probate” first. During this time, the personal representative, usually the spouse or child of the decedent, gathers items such as documents, money, and belongings left by the individual.
These things go into a safe place where no one else has access until the whole process is completed and paid for.
What happens after death
After someone dies, their affairs usually get settled quickly. They may or may not have left a will, but if they did, it’s up to you as the family member who gets appointed as an executor to make sure everything is done correctly!
As an executor, your main job is to take care of all the things that need to be done to ensure that the estate is distributed according to the will. This can include selling real estate owned by the deceased, paying off debts, giving gifts, and distributing assets to different people.
It’s important to know what laws apply to probating estates in order to avoid legal complications. For example, under California law, inheritance tax must be paid within eight months (1 year) of receiving notice of death. So, if there are no signs of a will being drafted yet, then this one-year window could close before anyone knows about the passing.
Another thing to watch out for is whether the heirs are properly identified. If the person died without leaving a will, then relatives might try to claim ownership of the house next door even though he/she was never formally married to you! That wouldn’t make sense, would it?
We hope we’ve helped clear some of the fog around how probate works, so that you’re more informed when these issues arise.
Probate is not the same as a will
While probating a will can include selling assets, transferring money to accounts, and other administrative tasks, it does not involve buying or selling property.
Probate only occurs when someone dies with no valid will in place. When this happens, your state’s laws determine what happens to their estate, including their home.
Usually, one person gets appointed as an executor (this person may be you if you are married or have children under age 18), and then they begin the process of finding and administering the deceased individual’s will.
The executor also has the responsibility of gathering up and distributing any personal belongings left by the decedent. This includes things like clothing, jewelry, business documents, etc.
Some additional points about probate real estate:
It costs nothing unless there is a will involved. If there is a will, then the cost depends on the size of the estate and who owns it.
Get your will up to date
Even though there is a three-year window after someone dies for them to probate their will, it does not mean you can forget about it! In fact, most states require that you update your will at least every two years!
This is important because even if another individual inherits all of your estate property, they may still need to go through legal proceedings to get it. This could include going through court, having hearings, and discussing who gets what!
It’s also very helpful to know how different types of estates are distributed in order to make sure everything gets transferred properly. For example, if you have major assets such as real estate or investments, then this needs to be passed down directly to your children or other loved ones.
Otherwise, people might end up with a lot of debt instead! It is totally understandable if you feel like you are running out of time when it comes to updating your will, but don’t worry — we are here to help you.
Know your family history
The next step in understanding how probate works is to know your own personal family history. Are there heirs listed anywhere?
Most people don’t realize that when someone passes away, their belongings are transferred into what’s called “probate.” This includes all of the person’s possessions as well as their will.
The attorneys handling this process work very closely with the estate to make sure everything gets distributed according to the wishes of the deceased. These professionals also keep track of these things for you so you have time to grieve and move forward!
It can be quite tedious going through every item and verifying who owns it, but they’re a necessary part of moving on after loss.
