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What happens to a house during probate?

What happens to a house after death depends on several factors. The first thing to figure out is how the property is owned.  Is there sole ownership of the property or some form of joint ownership?

If the house was owned solely by the decedent, and there is no trust document to transfer the property, it will need to go through the probate process.  Through probate, the beneficiaries will be determined, and the house will be transferred accordingly.  Often this requires the house be sold and the proceeds to be split between the beneficiaries.

If the house is owned jointly with right of survivorship, it may pass to the surviving party without probate. The surviving owner continues their ownership without a need for probate.

The house may also pass outside of probate if the owner executed and properly funded a trust, which effectively transfers the property upon death.  If you have questions about probate or have property that you would like to avoid going through the probate process, please call our office to set up a consultation with one of our attorneys at 734-821-7411.