The Processes of Probate and Real Estate Investing

The process of selling a deceased estate is not as straight forward as most people think. To begin the process, the executor (or administrators) of the estate must be chosen. This can be done through a “formal” appointment, by a “mail of incompetency” or a simple phone call. Once the appointing authority has been selected, the next step is to assign the task of selling the deceased estate to a person or company that will accept it. The choice of the person or company to carry out this task can only be made after the general physical environment of the estate has been evaluated. The decision should be made in accordance with the law and any changes that may occur with respect to the property are also to be considered.

Most Deceased Estates involve cash or bank accounts. Many people choose to hold the assets until they can find buyers and/or a trusted company willing to purchase them. The value of the accounts will vary greatly from one time to another depending on what is available at the time of death, the health of the person who held them, and how much the business that was holding them was earning at that time. For example, if there were many different accounts and they were all earning good money for the business, it may be good to sell the accounts as soon as possible to minimize losses. If the bulk of the cash or other assets in the estate are in one or two bank accounts, it may be best to leave them alone and let others take care of them.

deceased-estatesIt is important to remember that the person dies without having already been made a will. There are cases in which people do make a will. Still, the problem is that those wills are generally not created or maintained to avoid probate and instead be distributed according to the state’s procedures for distributing the deceased estates. This can create problems for the beneficiary of the estate as well as other beneficiaries. In addition, even if the person does make a will, the court will generally require that the testator’s representative be appointed to handle the distribution of the estate.

In most states, this appointment is made by a probate court. It is up to the executor to organize and process the deceased estates, so all of the beneficiaries’ claims are properly submitted to the probate court for review. This can also be a very complex process because often, there will be multiple beneficiaries. Also, most states have specific rules regarding who should act as the executor. For instance, it is required that a non-executor sign an ‘assumption of responsibility form.

One important point to keep in mind with respect to probate and real estate investments is that the probate court rules can change at any time. Because of this possibility, it is important for anyone dealing with probate or deceased estates to be aware of and adjust their practices as the situation changes. Often, the situation can change, and the executor may need to adjust their instructions. Additionally, some states have passed laws that allow for the designation of alternate administrators if the original administrator cannot serve the purpose. This can be done by Deceased Estates to ensure that all beneficiaries receive their inheritances as needed.