why is probate actually required?

​There are many reasons for probate, but some of the most important are:

• Transferring the legal title / ownership of the decedent’s property and assets to the heirs and/or beneficiaries. generally, if there is no property to transfer, there is usually no need for probate.
• The collection of any taxes due to various taxing authorities that may be owed by the decedent or his/her estate at the time of death or taxes that become due when a property is transferred.
• As stated above, probate also provides a legally mandated deadline for creditors to file claims against the estate. This prevents old or unpaid creditors from future claims against the heirs or beneficiaries.
• If the deceased owned real estate in his own name, no one could properly accept title to that property nor would a bank give a mortgage to a new buyer mortgage unless the estate went through probate and a “clear title” could be given the new buyer.
• Generally, no one would enter into any other transactions involving the deceased’s property until the will has been filed for probate and someone has been legally appointed to act for the estate.
• Finally, it provides a legal method for the actual physical distribution of the remainder of the estate’s property to the heirs and beneficiaries.

Have you inherited a property for which you are needing to sell, or at least get an appraisal?  Learn the secrets to getting top dollar for your inherited property in the Houston area by ordering our free report to learn your options. Or contact us to set an appointment today.  Our very own Caroline Allison, Harris County's and Fort Bend County’s top probate agent, will contact you to discuss your options.