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Selling Inherited Property- What is Probate Real Estate?



Sacramento Probate Court administers probate real estate sales



According to Wikipedia, Probate is the legal process whereby a will is “proved” in a court and accepted as a valid public document that is the true last testament of the deceased.

The reason for probate is twofold. Nominally, it is to distribute the decedent’s property to his or her rightful heirs. An equally important function of probate — some would say the real reason probate exists — is to notify a decedent’s creditors of his or her passing so that said creditors can present legal claims against the decedent’s estate.

Again, from Wikipedia…

“…probate is the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person’s property under a will. A probate court decides the legal validity of a testator’s (deceased person’s) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator’s assets in the manner specified in the testator’s will. However, through the probate process, a will may be contested.”

Probate is how a person’s will is proven to be valid, it also lets their creditors know of their passing so their property can be used to pay claims and in due course be re-titled or transferred to beneficiaries of the will. As with any legal proceeding, there are definitely technical aspects to administration of a probate 

Local laws governing the probate process often depend on the value and complexity of the estate…

Read more about probate real estate and selling real estate in  a probate


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