Real estate title glossary

What is probate?

Definition

Probate is the court process that proves a will, appoints an executor or administrator, pays the estate's debts and transfers what is left, including real property, to heirs.

Real estate held in one person's name usually needs probate (or a small-estate procedure) to pass clean title. Joint tenancy, transfer on death deeds and trusts avoid it.

How it shows up in a title search

An estate transfer leaves a court file and usually an executor's or administrator's deed; a deed from heirs with no probate record is a gap a search flags.

Guides that go deeper

Source: Legal Information Institute, Wex: probate. Plain-English summary of general US usage; state law varies, and this is not legal advice.