Someone has died, and you need to get the property from the deceased to the family. How can this be done?
Our seasoned probate attorneys will cover the topic of conveying real estate to the family from a person that has died. This can get complicated, so it may be in your best interest to get a professional’s assistance with conveying a home in Royal Oak probate.
The first thing we always want to understand is how the property is titled (owned). We look at the last deed recorded at the Register of Deeds and identify whether the property was only titled in the name of the decedent. If there’s a joint owner on that property, like a husband and wife, the survivor takes the property without the need for probate.
If there’s a life estate and there are named beneficiaries on a deed, that also goes directly to the beneficiaries without the need for probate. But in the very common set of circumstances where somebody has died and the property is titled only in their name, probate is required.
The probate process begins with filing paperwork with the probate court and issuing a letter of authority to the person named as the personal representative. We look at that representative’s letters of authority to determine whether they can work with no restrictions or whether they are restricted for the sale of real estate.
If there’s a restriction for the sale of real estate, you must obtain a court order to convey the property from the estate to the family, and file a petition seeking the authority to do so. That court order would give the authority for the conveyance to the devisees or heirs at law.
On the other hand, if it’s an informal administration and there are no restrictions on the letters of authority, then the personal representative can use a fiduciary deed to convey the property from the deceased’s estate to the family.
There’s no form to fill out for the fiduciary deed. This is typically drafted by attorneys and it conveys the property from the estate to the devisees named in the will; or under the laws of intestacy, if there is no will. That fiduciary deed gets recorded in the Register of Deeds and offers proof that the conveyance has occurred from the estate.
You can’t do that until the probate has been fully administered, meaning the time is right for that conveyance to occur. That usually occurs after the publication, notice to creditors, and resolution to all of the exemptions and allowances. That’s the timeframe upon which the estate is conveying the property to the family.
There are a lot of steps involved in conveying a home in Royal Oak probate, so let’s recap:
As you can see, probate is not an intuitive and simple process, so we strongly urge you to work with a skilled, competent probate practitioner from The Probate Pro to guide you through this process. We’re ready to talk any time!