The legal process of administering a deceased person’s estate often involves real property. This process, known as probate, determines the validity of a will (if one exists) and manages the distribution of assets, including a residence, according to the will’s instructions or state law if no will is present. For example, if a person dies owning a home solely in their name, that home becomes part of the probate estate.
The proper handling of a residence within an estate is crucial for several reasons. It ensures the deceased’s wishes are honored, protects the interests of heirs and creditors, and facilitates a clear transfer of ownership. Historically, probate served to protect property rights and prevent fraudulent claims against an estate, and remains a vital component of estate administration today.