When a loved one passes away, their home is often one of the most significant assets left behind. However, managing an inherited property can be complicated, involving legal procedures, financial obligations and potential family conflicts.
Knowing what steps to take can help heirs navigate the probate process, handle property expenses and decide whether to sell, rent, or keep the home.
Before making any decisions, confirming who legally owns the property is essential. Ownership depends on:
If the property is included in a will, it must go through probate before transferring it to heirs. However, probate may not be necessary if it was placed in a living trust or owned jointly with survivorship rights.
If the home is subject to probate, the executor of the estate is responsible for:
Probate can take months or even years, depending on the complexity of the estate. If multiple heirs inherit the home, they must agree on how to proceed with the property.
If the home still has a mortgage, the heir must continue making payments or risk foreclosure. Other financial obligations include:
If the deceased had a reverse mortgage, the estate may need to sell the home or pay off the loan before inheriting it.
Once ownership is settled, heirs must decide whether to:
A legal dispute may arise if multiple heirs inherit the home but disagree on what to do. Having a clear estate plan can help prevent these conflicts.
Inheriting a home can be complex, requiring careful legal and financial planning. Whether you need to navigate probate, resolve title issues, or explore selling options, our law firm can help ensure a smooth transition.
At the Werner Law Firm, our estate planning attorneys are here to guide you through every step of managing an inherited home. From navigating probate and resolving title issues to understanding your financial responsibilities, we’re committed to helping you make informed decisions that protect your interests and honor your loved one’s legacy. Whether you're keeping, selling, or renting the property, having a clear legal plan makes all the difference.
If you have any questions, schedule a free appointment with us through our online appointment page.
You can also read reviews from some of the hundreds of clients we have helped over the years.
Reference: AllLaw (Aug. 03, 2022) “Transferring Real Estate After Death”
Founded in 1975 by L. Rob Werner and serving California for over 48 years, our dedicated attorneys are available for clients, friends, and family members to receive the legal help they need and deserve. You can trust in our experience and reputation to help navigate you through your unique legal matters.
Whether you need help creating a living trust or navigating probate, our living trust law firm's compassionate team of estate planning lawyers and probate lawyers are here to help you and ready to answer your questions.
Our goal is to make your case as easy as possible for you. Hiring a lawyer can be a daunting task, but it doesn’t have to be. From the moment you contact our firm, through the final resolution of your case, our goal is to make the process easy and understandable. We cannot change the fact that probate is a long and complicated process, but through our Werner Law Firm Difference, we strive to go out of our way to keep you informed of your case through every step of the way. We are constantly refining our processes and procedures for a more streamlined and calm client experience. Our goal is to have you feel like a burden was lifted from your shoulders, and that we made the whole process an easy one
If you're dealing with a legal matter, we urge you to schedule a free initial appointment today and join the many satisfied clients who have contacted Werner Law Firm.
23 Corporate Plaza Dr., Suite 150
Newport Beach, California 92660