What Every Homeowner Needs to Know About Probate

Probate is a word that many homeowners hear, but few truly understand — until they have to face it. Whether you’re planning for the future or dealing with the loss of a loved one, understanding the role probate plays in real estate can help you avoid delays, confusion, and costly mistakes.

🧾 What Is Probate?

Probate is the legal process that takes place after someone passes away. It’s how the courts verify a person’s will (if there is one), settle outstanding debts, and legally transfer ownership of their assets — including real estate — to heirs or beneficiaries.

If a home is not held in a trust or jointly owned with right of survivorship, it will most likely need to go through probate before it can be sold or inherited.

🔑 5 Key Things Homeowners Should Know About Probate and Property

1. A Will Is Helpful — But It’s Not Enough to Avoid Probate

Even if you’ve written a will, your home will still go through probate unless it’s titled in a way that avoids it (like in a trust or joint tenancy).

2. The Title on Your Home Matters

How your property is titled affects what happens to it after you’re gone. A home titled solely in your name usually must go through probate. If it’s held jointly or in a trust, you might be able to skip the process.

3. Probate Can Delay the Sale of Property

In Michigan, probate can take several months to over a year. During that time, the home often can’t be sold until a personal representative is appointed and the court approves the transaction.

4. Costs Can Add Up

Probate involves court fees, attorney fees, and possibly ongoing expenses for maintaining the home (utilities, insurance, taxes) while it’s tied up in the process.

5. Planning Ahead Saves Time and Reduces Stress

Creating a trust or discussing your options with a probate attorney now can make things much easier for your family later. As a REALTOR® experienced in probate-related real estate, I often work alongside attorneys and families to guide them through the process.

🤝 Need Help Navigating Probate Real Estate?

Whether you’re planning ahead, dealing with an estate, or just have questions about how probate works when it comes to property, I’m here to help. I can assist with:

• Valuing a home for probate

• Coordinating cleanouts, repairs, or prep work

• Marketing and selling inherited property

• Working with attorneys to streamline the process

There’s no pressure — just support, guidance, and a local expert who understands the emotional and legal side of estate-related real estate.

Disclaimer: I am a licensed REALTOR® and not an attorney. The information provided here is for general informational purposes only and should not be considered legal advice. For legal guidance regarding probate or estate matters, please consult a qualified probate attorney.