When a person dies and they have left a property to their descendants in the will this is handled through a process called probate. What is probate real estate, though? It is a legal process that plays out in a court of law that ensures the wishes of the deceased (as outlined in their will) have been met. Real estate probate is often more complicated than other bequests in a will.
If there is a clear heir to which the property has been willed then it is a fairly simple process. If, however, the decedent left no clear instructions about how the real estate was to be divided then the resolution may depend on other factors such as, for example, whether the property needs to be sold to pay off any debts the decedent had. In other cases, where there is more than one heir, they may not agree to the sale of the property. In such cases it is best to get the services of a probate attorney to outline the best approach to take.
