![]() ![]() Will the Home of Your Deceased Relative Go Through Probate? Especially with such a significant asset as a home, you want the title to reflect the current situation, which can impact taxes, utilities, and the next inheritors of the home after you pass away. (For example, you won't be able to sell the house.) Even if you were married to the deceased person and co-owned the home together, you should still take the steps to transfer title to yourself as sole owner. If you're not listed at all on the deed, you're headed for problems further down the line. ![]() But it's always best to go through the process of transferring title to the property in the ways set out below. You might be wondering whether you can just leave the house under your loved one's name after they pass away-and not have to deal with paperwork and filings. Can a House Stay Under a Deceased Person's Name? These factors will determine whether the real estate needs to go through probate, or whether there's an easier, faster way to transfer the home to its new owners. If the owner co-owned the home, the specific way they co-owned the home (discussed below) is important. You must find out whether the owner did any estate planning around the real estate, such as making a will, living trust, or transfer-on-death deed. ![]() What Happens to Real Estate When the Owner Dies?Īfter the owner of a home dies, what happens to that property depends on a number of factors. Let's look at the process for the transfer of real property (like a home) after a death, and how to transfer a deed to a new owner. If the estate you're dealing with contains real estate, such as a house, it could easily be the most valuable asset in the estate-and surviving family members are going to be extremely interested in what happens to it. When a family member dies, there's certainly a lot to sort out. They can pay these costs from the estate-using money left behind by the deceased person. While waiting for the real estate to be transferred, an estate representative will need to maintain it and pay any mortgage installments or taxes that become due.Whether real estate will go through probate when the owner dies depends on (1) how it was owned (or co-owned) and (2) whether the deceased person made a plan for the home using a will, living trust, or transfer-on-death deed.You might be tempted to leave real estate in the name of the deceased person, but you should always officially transfer title to the new owner to avoid future problems. ![]()
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