How much time will my inherited home be in probate?
I recently had a client come to my office and ask if they were able to take possession of the property right after their friend had passed away. In their will, he was giving them the property. There’s a few little tricks that need to be completed prior to an individual being able to take possession of a property of which their family or a friend wills them or gives them a property after their death. In order to receive a property and actually transfer the title from the person that passed away, the [deceased 00:38], to the now beneficiary, you have to go through the probate process. In order to begin a probate process, an executor or a personal representative needs to be appointed by the court. That allows the executor or the personal representative, it gives them the authority to collect the assets and be able to speak and get the authorization from the court. In order to do this, you have to begin a probate process. During the probate process, there’s a few steps you’re going to have to go through in order to actually have that transferred over to you.
During that time, there’s not a whole lot that a beneficiary is entitled to do or needs to do, unless they are the executor or the personal representative. It’s essentially just a waiting game. It usually takes between 4 and 6 months to actually have that property transferred over from the deceased to you now as the beneficiary. During that time, unless you’re living in the property or have the authority from the executor or the personal representative to live and reside in that property, you don’t have the authority to go in and request that from them. You don’t have the authority to go to the court and say, “Look, I’m supposed to get this property. I need to live in it. Allow me to live in it right now,” because there might be other people out there that might have issues with it. They may feel like they’re entitled to it. The court needs to work that out prior to you actually moving in to the house. Once the probate process has been completed, the court has authorized the executor or the personal representative to distribute that property or to transfer that deed from the deceased now to you as the beneficiary or heir of the estate. Once that happens then the property comes into your possession. You’re now the legal owner and have the right to actually live in the property.
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