What Is a Will in Real Estate?

A will is a legal document that directs who inherits real estate and other assets after a person’s death. Unlike living trusts, wills must go through probate before property is legally transferred to beneficiaries.

Will: Simple Real Estate Definition

A will is a written document that states who should receive a person’s real estate and other property after they pass away. The court oversees the process through probate to ensure the instructions are followed.

Why Wills Matter in Real Estate

A will is a key estate planning tool for homeowners. It helps:

  • Control who inherits your home or investment property.
  • Prevent family disputes by clearly stating your wishes.
  • Appoint an executor to manage the estate and transfer real estate lawfully.
  • Ensure assets not placed in a trust are still distributed properly.

If someone dies without a will, state intestate succession laws determine who inherits their property.

How a Will Transfers Real Estate

Real estate listed in a will does not transfer automatically. Instead, the court must validate the will through probate. Once approved:

  • The executor gathers estate assets.
  • Debts, taxes, or liens are resolved.
  • The court authorizes the transfer of property to beneficiaries.
  • A new deed is recorded to complete the transfer.

Probate rules vary by state, but the process generally takes several weeks to several months.

Will vs. Living Trust for Real Estate

Many homeowners compare wills with living trusts when planning how to pass down real estate.

  • Wills must go through probate and take effect only after death.
  • Living trusts avoid probate and allow easier transfer of property.
  • Pour-over wills can transfer remaining assets into a trust after death.

Some estates benefit from both tools working together to streamline transfers and minimize delays.

Wills and Testamentary Trusts

A will can also create a testamentary trust for long-term management of real estate, especially when leaving property to minors or beneficiaries who need structured oversight.

Unlike living trusts, testamentary trusts begin only after the will is validated in probate.

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