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  • Writer's picturePorter DeVries

Handling Real Property After a Loved One's Passing: A Comprehensive Guide

The loss of a loved one can be emotionally overwhelming, and dealing with the practicalities of handling their estate can add additional stress. One of the significant aspects of estate administration is managing real property left behind by the deceased. Whether you're an executor, administrator, or family member, understanding what to do with real property after someone dies is crucial. In this guide, we'll explore some essential steps to navigate this process.

  1. Secure the Property: The first step is to secure the deceased person's real property to prevent unauthorized access or potential damage. Change the locks, inform neighbors of the situation, and take necessary measures to ensure the property is safe until the estate is settled.

  2. Review the Will: If there is a valid will, review it to determine how the real property should be distributed. The will should specify the intended beneficiaries and how the property should be divided. If you're uncertain about the legalities or terms of the will, seek advice from a probate attorney.

  3. Probate Process: In many cases, real property must go through the probate process before distribution. This legal process validates the will (if one exists), settles outstanding debts, and ensures a smooth transfer of assets. Initiate the probate process by filing the necessary paperwork with the appropriate court.

  4. Professional Property Appraisal: Obtain a professional property appraisal to determine the fair market value of the real estate. An accurate valuation is essential for tax purposes and equitable distribution among beneficiaries.

  5. Clear Outstanding Debts: Before transferring the real property to beneficiaries, ensure all outstanding debts related to the property, such as mortgages, property taxes, and utility bills, are settled. This process helps prevent any future complications and ensures a clean title for the new owners.

  6. Distribute According to the Will: If the deceased left a will, distribute the real property as specified. The executor or administrator is responsible for executing the will's provisions accurately. Work closely with legal professionals to ensure the distribution adheres to the law.

  7. Alternative Distribution Methods: If the deceased didn't leave a will or the will is deemed invalid, the real property will be distributed based on state intestacy laws. These laws dictate how assets are divided among surviving relatives. In such cases, consulting with an estate attorney is highly recommended.

  8. Consider Selling the Property: In some situations, it may be more practical or necessary to sell the real property instead of transferring it to beneficiaries. Selling the property and dividing the proceeds among the beneficiaries can help avoid disputes or financial burdens associated with managing the property jointly.

Handling real property after the death of a loved one requires sensitivity, organization, and legal knowledge. Engaging the services of a qualified probate attorney can provide invaluable guidance throughout the process. Remember that every estate is unique, and seeking professional advice tailored to your specific situation can help ensure a seamless and equitable distribution of real property while honoring your loved one's legacy.

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