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Navigating Probate Real Estate: A Guide for Administrators

Guidance for administrators navigating probate real estate

In our practice, we frequently encounter administrators grappling with the complexities of handling real property within an estate. Conversations with these individuals often reveal a common concern: uncertainty about the process of selling property or managing mortgage payments. In such situations, the lack of clarity regarding available options and timelines can be overwhelming. So, what guidance can we offer to administrators navigating these challenging decisions?

First and foremost, it's essential to acknowledge the overwhelming nature of the situation. Dealing with the aftermath of a loved one's passing and assuming responsibility for their estate can indeed feel like an information overload. Many administrators find themselves at a loss, unsure of where to begin.

However, the good news is that assistance is available to streamline the process. Contrary to the misconception that probate proceedings drag on for an extended period, our team at Hunsberger Dunn LLP can expedite the authorization necessary to sell a property and manage the decedent's assets efficiently.

One prevalent misconception we often encounter is the belief that probate proceedings will stretch over a year, leaving administrators unable to address pressing financial obligations, such as mortgage payments. This misconception can be particularly distressing, especially when creditors begin to exert pressure.

In reality, the process starts with a petition and a hearing, typically scheduled within 4 to 6 weeks. Following this initial hearing, provided all requisite documentation has been filed and requirements met, the court can grant the administrator the authority to manage the estate's assets, including the sale of property.

It's crucial to emphasize to administrators that this authorization can be obtained relatively swiftly, often within a couple of months from the initial consultation, provided prompt action is taken. This reassurance can alleviate much of the anxiety associated with perceived lengthy timelines.

While it's true that the entirety of the probate process will still require time to conclude, obtaining the authority to manage assets promptly allows administrators to address immediate financial concerns, such as mortgage payments and outstanding bills. This includes the ability to navigate complex issues like reverse mortgages, ensuring that all obligations are met responsibly.

By obtaining the necessary authority expediently, administrators can take proactive steps to safeguard the estate's assets and address pressing financial matters efficiently. While the probate process may still entail additional steps and timelines, knowing that essential decisions can be made without undue delay offers much-needed peace of mind.

At Hunsberger Dunn LLP, we understand the challenges administrators face when dealing with probate real estate, and our team is committed to providing comprehensive support and guidance, empowering administrators to navigate the complexities of estate administration with confidence. With the right support and guidance, navigating the probate process can be a manageable endeavor, ensuring that the decedent's affairs are handled with diligence and efficiency. Contact us today to discuss your probate needs and to discover the valuable support we can offer you during this challenging period.


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