Does a Joint Account Avoid Probate? Rules, Risks & Alternatives

Does a Joint Account Avoid Probate? Rules, Risks & Alternatives

Yes, a joint account with rights of survivorship (e.g., “Joint Tenants with Rights of Survivorship” or JTWROS) typically avoids probate. When one owner dies, the surviving owner(s) automatically inherit the funds without court involvement. Exceptions: For most cases, joint accounts with survivorship rights bypass probate. How Joint Accounts Work? A joint account is owned by…

How to Value a Timeshare for Probate? Everything Executors Need to Know

How to Value a Timeshare for Probate? Everything Executors Need to Know

Valuing a timeshare for probate requires careful consideration of its unique characteristics, market dynamics, and legal obligations. Below is a structured approach to determine its fair market value and address key challenges: 1. Understand the Timeshare Structure 2. Assess Market Demand and Liquidity 3. Calculate Fair Market Value (FMV) 4. Factor in Ongoing Costs 5….

Can You Live in a House During Probate in New York? Legal Rights and Rules

Can You Live in a House During Probate in New York? Legal Rights and Rules

Going through probate in New York can be a complex and time-consuming process, especially when real estate is involved. A common concern for heirs and beneficiaries is whether they can continue living in a house that is part of a probate estate. The answer depends on various legal factors, including the deceased’s will, the rights…

Can You Live in a House During Probate in California? Legal Rights and Rules

Can You Live in a House During Probate in California? Legal Rights and Rules

Getting through the probate process in California can be challenging, especially when real estate is involved. A common concern is whether you can continue living in a house that is part of a probate estate. The answer is yes, but it comes with legal and practical considerations. This guide breaks down the rules, rights, and…

How to Fill Out a Petition to Probate a Will in Solemn Form?

How to Fill Out a Petition to Probate a Will in Solemn Form?

Probating a will in “solemn form” is a formal court process that validates a will after notifying all heirs and beneficiaries, giving them an opportunity to contest it. This method is often used when disputes are anticipated or required by state law. Below, we break down how to complete a Petition for Probate in Solemn…

How Long Does Probate Take in New Mexico? Updates for a Faster Process

How Long Does Probate Take in New Mexico? Updates for a Faster Process

Probate in New Mexico—the legal process of settling a deceased person’s estate—is poised for changes in 2025, with streamlined procedures and new legislative updates aimed at reducing delays. While timelines still hinge on complexity, the state’s push for modernization could shorten waits for many families. Here’s what you need to know about handling probate in…

How to Get Probate Listings? Strategic Guide for Real Estate Professionals

How to Get Probate Listings? Strategic Guide for Real Estate Professionals

Probate listings—properties sold as part of an estate settlement—offer unique opportunities for real estate agents and investors. These listings often fly under the radar, making them a niche market with less competition. However, securing them requires a blend of research, empathy, and strategic networking. Here’s how to tap into this specialized sector effectively. What Are…

Who Pays for a Probate Bond in California? Clear Answer with Key Insights

Who Pays for a Probate Bond in California? Clear Answer with Key Insights

In California, the estate typically pays for the probate bond as an administrative expense. Executors may initially cover the cost, but they are reimbursed once estate assets are liquidated. However, certain exemptions apply, such as when a will waives the bond requirement or the estate qualifies for a simplified probate process. Here’s everything you need…