A number of issues will arise during the settlement process with respect to real estate owned by the decedent, such as the family home, a vacation condominium, or an investment property. Early on, you need to identify, secure, and insure the real estate. You also need to determine its value. A realtor can prepare a basic opinion of value that will be sufficient for most purposes. You may need to pay a few hundred dollars for it, or a realtor might prepare one as part of a listing relationship if the property is to be sold.
During the settlement process, you will need to manage and maintain the property in addition to keeping it insured. That means paying the real estate taxes, paying the mortgage, paying the utility bills, keeping the property secure and in good repair, making sure the pipes don’t freeze in the winter, and all of the other usual joys of home ownership.
Pay particular attention to insurance. Know what you have for coverage and what it actually means. And make sure the policy is valid under the circumstances. A regular homeowner’s policy won’t work if there is no one living there. A good property and casualty insurance agent can be very helpful with this.
At some point during the estate settlement process you will need to clear title to the real estate. Clearing title means ensuring the record of ownership at the county registry of deeds is accurate and without defects. For example, a deed may be necessary to convey the property to the person who the decedent had named to receive it. A release of the estate tax lien or an affidavit that no estate tax is due will be required. Clearing title is obviously important if you are trying to sell the property soon after the decedent passed away since no one will buy it until title is clear. But even if you’re not, the title issues will remain and can cause big problems for a later sale. It is much easier and more efficient to clear title during the estate settlement process, so don’t avoid it just because you have no plans to sell the property.
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