Definition
Probate
Probate is the court process that settles a deceased person's estate: validating the will, appointing someone to act for the estate, paying debts, and transferring what remains — including real estate — to the heirs. A house titled solely in the deceased's name generally can't be sold until probate authorizes it.
Probate timelines vary enormously by state and estate — months for simple cases, a year or more for complicated ones. Property held in a living trust, owned jointly with survivorship rights, or covered by a transfer-on-death deed typically bypasses probate entirely, which is why reading the deed is the first step after a death.
A house often can be sold during probate, before the case closes: the personal representative sells with independent authority or court approval, and proceeds flow through the estate. Buyers who work estates regularly are comfortable with the extra steps.
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