Real Estate Probate

 

Has someone you know passed away and left you real property?  There is a process that may have to occur in order for the property to be conveyed with marketable title.  Ledbetter Law can help expedite the probate process and file specific pleadings freeing you to list and sell the property as soon as possible and while the "market is hot."   

 

Property in Probate - To Realtors

There are many realtors who obtain listings from estate beneficiaries not realizing that the property is subject to probate.  Ledbetter Law is happy to be your resource in this subject area and may be specifically qualified to do so because of our unique crossover in practice areas – both title work and probate.  Specifically, we’ve worked to create a system by which we can expedite pleadings in order to allow a sale to occur, in most instances, mere days after probate is opened.  Don’t ever let probate get in the way of closing your deal!

 

If you have a client who inherited real property and don’t know how to authorize the transaction, we can ensure the right person is signing the listing agreement, contract, and all closing documents to ensure a smooth closing process.  

 

Administrating Real Estate through Probate Court

Administrating an Estate through the court system requires many things: Notice of Administration, Notice to Creditors, Homestead pleadings (as applicable) – some of which will sometimes restrict the Estate’s ability to convey real property until after a 90-day wait.  I.e., the court is commonly unwilling to sign orders distributing real property to individual beneficiaries until after this 90-Day Creditor Period.  Ledbetter Law has developed an expedited system and a custom set of pleadings by which we obtain authorization for the closing to occur on time – resulting in happy sellers and happy buyers!  In fact, prior to even having title work provided by the buyer's title agent, we can begin preparing the necessary pleadings and affidavits so there is even less work to do when a contract is signed.