What Is an Estate Transfer in Real Estate?

how do estate transfers work

When someone passes away, their property doesnā€™t just automatically go to the next person in line. It must go through a legal process to ensure itā€™s transferred correctly and according to their wishes.

This process includes:
āœ… Power of Attorney (POA) ā€“ Who can make legal and financial decisions on behalf of a loved one?
āœ… Probate ā€“ The legal process of transferring property after death.
āœ… Executor Responsibilities ā€“ If youā€™re named as an executor, what do you actually have to do?

Understanding these key elements now can save you time, stress, and costly mistakes in the future.


Power of Attorney (POA): What You NEED to Know

A Power of Attorney (POA) is a legal document that allows someone to act on another personā€™s behalf if theyā€™re unable to make decisions. But hereā€™s the catch:
āŒ A POA expires when the person passes away. That means once someone dies, the POA is no longer valid, and the estate moves into probate.

Why does this matter? Because many people assume that if they have a POA, they can continue managing real estate assets after a loved oneā€™s passing. Thatā€™s not the case.


The Probate Process: What Happens to a Home After Someone Passes?

Probate is the court-supervised process of legally transferring a deceased personā€™s assets (including real estate) to their beneficiaries.

Hereā€™s what happens in probate:
1ļøāƒ£ The court reviews the will (if one exists) to determine who inherits the property.
2ļøāƒ£ If no will exists, the court follows Albertaā€™s legal guidelines for distributing assets.
3ļøāƒ£ The executor takes responsibility for handling property, debts, and legal paperwork.
4ļøāƒ£ The property is transferred to the rightful heirs or sold.

How Long Does Probate Take?
It depends on the situation, but it can take anywhere from a few months to over a yearā€”especially if there are disputes or missing documents.


Executor Responsibilities: What If Youā€™re in Charge?

If youā€™ve been named executor of an estate, itā€™s your job to ensure everything runs smoothly. Hereā€™s what youā€™ll need to do:

āœ” Gather all important documents (will, property deed, mortgage info, etc.)
āœ” Work with a lawyer to handle legal filings and court documents
āœ” Settle outstanding debts and expenses before distributing assets
āœ” Ensure the property is properly maintained and transferred

Pro Tip: If the property is in Airdrie, working with an experienced Airdrie real estate expert can help ensure a smooth sale or transfer without unnecessary delays.


How to Prepare Now & Protect Your Familyā€™s Future

The best way to avoid complications? PLAN AHEAD.

āœ… Make sure a valid will is in place. This eliminates confusion and legal headaches.
āœ… Talk to a real estate expert. If thereā€™s property involved, a professional can help assess the best strategy.
āœ… Communicate with family members. Open conversations now can prevent disputes later.


Need Help Navigating an Estate Transfer in Airdrie?

Whether youā€™re dealing with a probate property, power of attorney issues, or estate planning, you donā€™t have to do it alone.

At Maverick Group, we help homeowners and families navigate Airdrie real estate transactions with clarity and confidence. Whether you need to sell an estate home, transfer ownership, or just get expert advice, weā€™re here to guide you every step of the way.

šŸ“ž Have questions? Letā€™s chat! Contact us today for a free consultation.

Prefer to watch? Check out our latest video on how estate transfers work.

Derek is a top performing REALTORĀ® in Airdrie, Alberta, Canada. Aside from knowing the market, he uses his knowledge and experience in construction to help clients understand exactly what they're in for when buying and selling real estate.

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