What Is Probate and How Does It Work?

When a person passes away and the ownership of their property needs to be transferred, that’s where the probate process comes in.

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When someone passes away and the ownership of their property needs to be decided, the legal process for deciding this issue is called probate. Today I’ve invited estate attorney Taylor Willingham to join me to explain how the probate process works.

Let’s say, for example, that your mother or father passes away and you want to take ownership of their property so you can sell it. In this type of situation, two things need to be proven to a judge. The first is that you’re an heir to the property. The second is that you have a valid will of the deceased person. You also need to make it known who you’ve picked as the executor of your estate.

Just last week, Taylor was involved in a situation like this. He got a call from a woman whose brother recently passed away who wanted to take ownership of his property. The brother had been living in his house with someone who wasn’t his spouse, and that person owned half of it. This man was unmarried and had no children, so the issue at hand was who the real owner is. He explained to the sister that state law would determine what would happen, and since the brother’s parents were still alive, they were the true heirs of the property.
A lot of people assume that having a will means you can bypass the probate process, but that’s not true. ”How do they prove that, though? That’s where the probate process comes in. They filed the necessary applications and hired another attorney to make sure everything is correct. After everything is verified, the parents will be able to take ownership of the property.

A lot of people assume that having a will means you can bypass the probate process, but that’s not true. A will still has to go through probate, but it shortens the process from about six to eight weeks to just a couple. With a will, there’s no investigation necessary and no attorney needs to be hired. All that needs to be proven is that the will’s signature is valid and the deceased had testamentary capacity when they signed.

If you have any more questions about the probate process or estate planning, you can give Taylor a call at (214) 250-4407 or message them on their website willprobateattorneys.com.

As always, if you have any real estate questions for me or you’re thinking of buying or selling a home, don’t hesitate to reach out to me. I’d be glad to help you.


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