Probate

Probate is the court process for settling a deceased person's estate: proving the will if there is one, appointing a personal representative, paying debts and taxes, and transferring the remaining property to heirs or beneficiaries. Real estate titled in the deceased person's name alone usually has to pass through probate unless a transfer-on-death deed, a trust, joint ownership or a small estate procedure applies.

Probate cases are public court records filed in the county where the person lived. The file typically shows the deceased owner's name, the personal representative, the estate attorney and, in some states, an inventory that lists real property. Estates often sell houses because heirs live elsewhere, several heirs share one property, or the estate needs cash to pay debts. Some states require court approval of a sale; others let the representative sell with less oversight. Probate can take several months to more than a year. Rules vary by state; confirm with a local real estate attorney.

Source: selfhelp.courts.ca.gov