In this video attorney Curt Runger answers the question of if you have to open an estate if all you inherited in a will was real estate? View the video below or see the transcript to hear Curt’s explanation for this confusing topic.
My name is Kurt Runger and I’m an attorney in Memphis, Tennessee and I help give my clients peace of mind after the death of a loved one by navigating them through the entire probate process. So what commonly happens when an individual dies with a will is that there’s only a house involved in other words there are no other assets that are subject to probate. There’s just a house or piece of real estate. That is devised to an individual or multiple individuals in the last will and testament and so when that situation happens. People often ask me Do we have to open up a full blown probate estate, just because my loved one left me this house and the last one we’re testament. And the answer to that question is no, if we’re only dealing with a piece of real property in other words a house or land. If the only thing that your loved one left in a last will and testament is a piece of real estate and there are no other assets that are subject to probate administration, then we do not have to open up a full blown probate estate. That being said, what we do in that situation is we file a petition in probate court. That’s called a petition to admit the last will and testament to probate for purposes of movement of title online now basically medium enough title means that we’re just filing this petition in probate court and we’re just admitting the last will and testament in order to establish title to the real estate that was left to you and your loved ones last will and testament. The process is essentially the same in terms of preparing a petition and going in front of the judge. However, when we go in front of the judge we do not ask that letters testamentary be issued to you. There is no full blown estate that’s open the court just basically admits the will authenticates the will and then an order is enter establishing that the last will and testament was admitted for muniment of title only and so what we do after that is we take a copy of the order, and we attach a copy of the will and we record those documents in the registrar’s office in the county where the property is so that way if you decide that you want to sell the property. There is a record of how you acquired ownership of the property but it does not require doing all the other stuff that comes along with opening an estate there you’re not appointed as personal representative you’re not appointed as executor. You don’t have to notify creditors if you’re just admitting the will to establish title to the real property. If you have any questions about the probate process, please give me a call.
If you have any further questions do not hesitate to call Curt or his team at Douglass & Runger, PLLC at (901) 388-5805 relating to other questions about probates.