What Is Probate, and How Does a Home Go Into Probate?

Inherited a home that's in probate and not sure what to expect? Probate can add real stress, whether you plan to live in the home or sell it, so let's talk through what it actually involves.

Hi, I'm Tanja Odzak, Realtor with eXp Realty, helping people sell and buy homes right here in the East Bay for the last 10 years.

Probate is the legal process required to sell a property still in a deceased person's name. The court gets involved at various levels, and someone, often you, gets assigned as the Personal Representative to administer the estate. Expect an estate attorney to be part of the process, along with real fees associated with completing it.

One of the biggest reasons a home ends up in probate comes down to how the title was held. The way to avoid probate altogether happens before the owner passes, by working with an estate attorney to place real property into a trust. A common misconception is that a will keeps property out of probate, it doesn't. A will simply lets the deceased determine who receives what and who serves as executor, which is far better than dying intestate, without a will, where the state decides who inherits.

I'm Tanja Odzak, and I've sold over $100 million worth of homes with a decade of experience in the East Bay. If you find yourself navigating a probate, I'm equipped to answer your real estate questions and connect you with the other professionals you'll need along the way.