Authenticating the Will
When someone passes away with a complex estate – meaning they owned assets such as real property, various investments, or more, the probate court will authenticate the individual’s Will.
Authenticating the will establishes the identity of the person or persons who have rights in the property under the Will, or who have rights under the laws of succession if the decedent died without a Will (intestate). This process often involves a difficult series of negotiations and court hearings that can create family dissension.
It’s easiest to think about probate as a supervised process that ensures the proper beneficiaries receive the appropriate titles and assets from your estate. In cases where no Will or trust is present, it is the court’s job to appoint someone to represent the estate. This personal representative will administer all the things an executor would if a Will had been present. Some assets and property in an estate will always go through probate, while others (like those in a Trust) will not.
Real property often comprises the bulk of an individual’s estate whether it’s a family home, or investment properties. There are three main ways a probate is handled regarding real estate sales:
- Independent administrator
- Independent administrator with limited powers
- Court confirmation
Regardless, the sale of real property should be managed to the maximum benefit of the heirs, even as it protects the heirs and the interests of the decedent. California Probate Code is very specific in it’s instructions to both sellers and buyers.
For more information see our Probate Process for Selling Real Property section for relevant information, or just call for a private consultation 415-690-6084 and remember, when it comes to Real Estate…Pat Rocks!