There are several reasons why people own real estate. They can own it as their primary residence or as an investment rental property. The ownership of real estate is determined by a property title, a legal document that lists the legal owner or owners of a piece of property.

Probate is a legal process that deals with the transfer of property after the owner’s death. The process involves gathering all the assets of the deceased, paying off any debts and taxes, and distributing the remaining assets in accordance with the deceased’s will.

Is probate necessary for all property titles?

Probate is required in the case of the following property:

- Property that was “solely owned” by the deceased. For instance, real estate that was in the name of the person alone will be subject to probate.

- You will need probate if the deceased owned a share in a piece of property as “tenants in common.”

However, if the deceased was married and jointly owned the property titles with their spouse, probate may not be necessary. Also, if the deceased did some planning to avoid probate, then also a probate court proceeding may not be necessary. For example, if the deceased left the real estate to someone through a “living trust” instead of a will, probate is not necessary. If the deceased completed and filed a transfer-on-death deed, designating someone to receive the property after their death, probate can be avoided. However, such a provision may not be available in all US states. If you want to know more about probate planning, it is advisable to contact a probate attorney Miami.

If there are property titles that require probate, the Executor designated in the will is responsible for lodging a case in the probate court and see to its end. If the deceased had no will or did not name an Executor in the will, the court usually appoints an individual to serve as one.

How to transfer a property title after death?

The process of transferring property after the death of a person depends on state laws and the type of property ownership at the time of death.

Property owned in joint tenancy

If the property was owned as “joint tenants with rights of survivorship,” it passes on to the other joint owner, without the need for a probate court proceeding. For retitling the property title, you will need to refer to the state requirements. For instance, to retitle real estate in some states, you may need to file an Affidavit of Survivorship. Along with that, you will also need to submit a certified copy of the death certificate of the deceased owner to the registrar of titles.

Property held in a trust or those with beneficiary designations

If the deceased, at the time of their death, held the property inside a trust, the trust agreement determines who the property gets distributed to. In case the deceased named one or more people as beneficiaries, they can retitle the property by filling out “death claim” paperwork.

Property solely owned by the deceased

If the property was in the name of the deceased alone, without any trust ownership or beneficiaries, you will need to follow state requirements for retitling the property. You may need to go through a probate court proceeding in such cases. You may find a probate attorney Miami to be very helpful in case you need to retitle the property of your deceased loved one.

If you are looking for law firms that handle probate, Luis E. Barreto & Associates, P.A. is the best law firm helping clients in estate planning and probate administration. Their skilled and experienced lawyers can help you with numerous legal matters, including litigation, wills, trusts, probate, and estate planning.

For More Information :- http://miamiprobate.com/