06/04/2026
Probate properties can be great opportunities โ but they come with a unique set of legal hurdles that can derail a closing fast if you're not asking the right questions from the start.
Before a probate property can transfer, here's what needs to be established:
๐ **Did the owner have a Will?** If yes, the Will must go through the court process before any sale can move forward. If no, the estate may be subject to intestate succession laws โ which can complicate who actually has the authority to sell.
โ๏ธ **Has the Executor been appointed by the court?** Only a court-appointed Executor or Administrator has the legal authority to sign on behalf of the estate. Without this, the transaction can't proceed.
๐ฐ **Are there outstanding debts from the estate?** Creditors may have claims against the estate that need to be resolved before a clean title can be issued. Skipping this step can create serious title problems down the road.
These aren't roadblocks โ they're checkpoints. And with the right title partner, they're manageable.
At First Title Insurance Company, our licensed attorney handles probate-related title matters in-house, keeping your transaction on track from the very first question. ๐กโ๏ธ
๐ Serving Chattanooga, East Tennessee & North Georgia