personal representative of the estate will determine if the real estate is going to be sold at all, though, and is not required to use the services of a real estate broker. Determination of the value of real estate and other functions may need to be performed by a probate referee. Even if a will in effect is absent at their time of death, if there is a valid living trust the lengthy and costly process of probate can be bypassed, avoiding fees that include attorney, court, and arbitrator costs. In total, these fees can cost a solid 6% of the overall estate value, whether that value is represented by boats, cars, bank savings, retirement funds, securities, personal items, or the real estate itself. However, you can proceed with the actual probate by yourself if you choose to, although it is a complex process perhaps best left to the professionals. The county court clerk for your area will provide the forms to fill out, with one to publish to all the deceased’s creditors. If real estate is involved in the will of the person who is deceased, the executor may request for themselves to be nominated through estate laws in your state, so the property in the will won’t have to go through the confirmation process in court. This will save both money and time, as the house can then be listed and sold like any other home. The executor will accept the best offer and proceed to sign and close the deal when going through the process like any other real estate transaction, but without all the requirements for a real estate transfer disclosure. As a precaution, the executor or the administrator will have any and all other heir(s) sign a waiver for the notice of the proposed action. With the courts being involved with probate selling, trust and probate sales have a different vocabulary compared to regular real estate. Probate sales also involve multiple contracts and disclosure statements that are not used with standard real estate
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