How does real estate ownership affect probate?
There are many ways to hold title to real estate, depending on the state. Real estate can avoid probate completely if it’s passed to survivors automatically with ownership options like a living trust, community property laws, a transfer-on-death deed, or joint ownership with right of survivorship.
There are several things that can happen to a home if it needs to go through probate:
- The real estate can be transferred to beneficiaries named in the will through probate.
- The property can be transferred to heirs through intestate probate without a will.
- The executor can sell the property through probate.
With the right type of ownership, the home can bypass probate completely and go directly to beneficiaries.
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