What Probate Really Means
Reading Time: ~9 minutes Last Updated: 2025
Quick Summary
- Probate is the legal process that verifies a person’s will and transfers property to heirs.
- It gives the executor legal authority to manage the estate.
- The family home is usually the largest estate asset and requires immediate protection.
- The executor must maintain, insure, and document everything until the court closes the estate.
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Understanding Probate
Probate often sounds intimidating, but it simply refers to a court-supervised process for settling a person’s affairs after death. It ensures debts are paid, taxes are filed, and remaining assets reach the rightful heirs.
If there is a valid will, it’s submitted to the local Register of Wills or Probate Court. If there is no will, the court follows state intestacy laws to decide who inherits.
The word “probate” literally means to prove — the court’s job is to prove the will is genuine and that the executor is acting responsibly.
Purpose of Probate
- Authenticate the will.
- Appoint an executor (or administrator if no will).
- Identify and notify creditors and heirs.
- Inventory all assets and debts.
- Pay legitimate claims and taxes.
- Transfer remaining property to heirs or beneficiaries.
Why the Family Home Matters So Much
- Authenticate the will.
- Appoint an executor (or administrator if no will).
- Identify and notify creditors and heirs.
- Inventory all assets and debts.
- Pay legitimate claims and taxes.
- Transfer remaining property to heirs or beneficiaries.
Example — Bethesda Row Townhome
When Maya’s father passed away, his Bethesda townhouse was mortgage-free but under-insured. She immediately contacted the insurer to add a vacancy endorsement, changed locks, and arranged for lawn care. Those quick steps protected value and prevented future disputes among her siblings.
Executor or Administrator Roles
The executor (if named in the will) or administrator (if not) is legally responsible for managing everything. They must act as a fiduciary, meaning every action must benefit the estate—not personal preference.
Executor’s Immediate Checklist
- Locate the original will and death certificate.
- File a petition to open probate in the correct county.
- Secure the home (locks, utilities, insurance).
- Inventory estate assets and debts.
- Set up a dedicated estate bank account.
- Keep detailed records of all expenses and receipts.
Caution
Failure to maintain the property can make an executor personally liable for avoidable damage or loss of value.
How Probate Works Step by Step
- File the Petition. The executor files the will and death certificate with the probate court.
- Appointment of Executor. The court issues “Letters of Administration” granting legal authority to act.
- Notice to Heirs and Creditors. Public notice starts a waiting period for claims.
- Inventory and Appraisal. The executor documents all assets — including the home — and obtains professional valuations.
- Debt Payment and Taxes. Outstanding bills, loans, and taxes are paid before any distribution.
- Transfer or Sale. The home is either distributed to heirs or sold with court approval.
Maintenance Checklist
- Confirm insurance coverage for vacancy.
- Keep utilities on (heat, electric, water).
- Schedule regular inspections or hire a property manager.
- Maintain yard and exterior to prevent city violations.
- Store mail and documents safely.
- Document every visit with photos and dates.
Pro Tip
Many insurance companies require proof of monthly inspections for vacant homes. Create a simple logbook with photos and dates.
Financial Responsibilities of the Executor
The executor collects estate funds, pays approved bills, and tracks spending. Each payment must be traceable to an estate account—never a personal one.
Typical Estate Expenses
- Insurance premiums and utilities.
- Repairs or preventive maintenance.
- Professional fees (lawyer, appraiser, accountant).
- Court filing fees.
- Property taxes.
Resolving Family Disagreements
Tension often arises when one heir wants to sell and another wants to keep the home. Clear communication and documentation reduce conflict.
Example — Sibling Buyout
In Silver Spring, two siblings disagreed on selling their mother’s house. An independent appraisal set the market value, allowing one to buy out the other’s share fairly through probate distribution.
Warning
Do not let anyone move into the home or remove items without written permission from the executor and court approval if required.
After Probate — What Happens Next
When all debts and taxes are resolved, the executor submits a final accounting to the court. Once approved, the judge issues an order to distribute assets.
If the home was sold, proceeds go to heirs according to the will or state law. If transferred to one heir, a new deed is recorded in their name.
Documents Filed at Closing
- Final Inventory and Accounting
- Proof of Publication for Creditors
- Receipts from Heirs
- Petition for Discharge of Executor
Pro Tip
Keep digital copies of everything for at least seven years in case of future tax questions or title issues.
Frequently Asked Questions
How soon can the home be sold?
After the executor is appointed and any heir consents are filed, a sale can proceed with court approval.
Is a probate-experienced realtor necessary?
Yes — they understand court deadlines and legal paperwork that typical agents may miss.
What if the home is jointly owned?
Only the deceased owner’s share goes through probate; the surviving co-owner retains their share.
Can the executor live in the property?
Yes, but only with written agreement from heirs and documentation of fair rental value if the estate covers expenses.
What if the estate can’t afford upkeep?
The court can authorize a temporary loan or early sale of non-essential assets to protect value.
Download the Probate Starter Checklist
We’ve prepared a simple, printable checklist to help you organize the first steps of the probate process.
Use it as a reference as you gather documents, communicate with the court, and coordinate with family members.
Podcast Episode
🎧 Episode 1 — “What Probate Really Means & How the Family Home Fits In” (7 min).
Quick Read: “What to Expect When the Family Home Goes Through Probate” (~5 min read).
Need Guidance Right Now?
You don’t have to navigate this alone. DC Prime Homes works with families through each stage — from filing to final sale — with calm, transparent communication.
We’ll review your situation and build a step-by-step plan.
Contact Information
Phone: 202-641-5522
Email: jordan@dcprimehomes.com
Key Takeaways
- Probate is a court process that verifies a will and appoints an executor.
- The family home is often the estate’s largest asset and needs immediate care.
- Executors must maintain insurance, utilities, and records until distribution or sale.
- Clear communication and documentation reduce conflict and preserve value.
- Handled professionally, probate can protect family wealth and peace of mind.