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- If the property was owned in the deceased person's name alone (and there is no living trust or transfer-on-death deed, as discussed above), the property will probably have to go through the probate process to be transferred to whomever inherits it. Who inherits the property is determined by the person's will, and if there is no will, by state law.
www.alllaw.com/articles/nolo/wills-trusts/transferring-real-estate-after-death.html
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Jan 19, 2024 · In this comprehensive blog, we address a common query: “Do I need to discharge a mortgage to transfer a loved one’s property after probate?” Let’s explore the intricacies involved in this process.
May 13, 2024 · The requirement for probate is not applicable when dealing with a deceased’s property if it is the first time that the property in question is being dealt with after its ownership record was converted from Land Registry to Land Titles.
Jul 8, 2024 · The probate process is important for two major reasons: Authenticating the will. Authorizing the legal transfer of the property. The executor or trustee needs to prepare and submit the required documents, including proof of death certificate, the last will and testament, and all relevant court forms.
May 11, 2018 · If, after the transfer of the real property into joint tenancy, Spouse 2 dies first, there will be no probate fees payable on the real property on Spouse 2’s death, as it will pass to Spouse 1 by right of survivorship.
Sep 26, 2023 · Property can indeed be transferred without probate in Ontario, but given the average Ontario home home sold for $832,376 as of August 2023 - Because of this, it's highly unlikely for many estates to fall under the $50,000 threshold that allows for the bypassing of probate.
Jan 21, 2024 · Probate is especially crucial when it comes to the transfer of real estate and other assets, as financial institutions often require the grant of probate as proof of authority before releasing funds or transferring ownership.
When an individual dies owning real estate, their interest in the property will pass into their Estate (subject to rights of survivorship). Estate transfers under the Land Titles system require the Estate Trustee of the will to apply for and receive a Certificate of Appointment.
