For the lawyer practicing in probate court, it is often difficult to navigate such burning questions as: 1) Is the decedent’s interest in real estate part of the probate estate?; 2) Does the personal representative have any duty or authority regarding the real estate?; 3) Who pays the expenses of the real estate and for how long?; 4) Who may reside at the real estate and may rent be charged?; 5) When, how, and why would real estate be sold under the supervision of the probate court?; 6) How can an expedited hearing be obtained when there is a closing or foreclosure scheduled to take place before the next available hearing date?; 7) What pleadings, supporting documentation and notice are required when real property is sold by order of the probate court?; 8) Who’s name should be listed on the contract for sale?; and 9) Does the contract for sale require court approval? The presenter will explore those questions and more, walking through the most used statutes and rules of court that apply to the handling of real estate in probate court. She will also explain the differences between a full probate, a small estate administration, a muniment of title probate, and an affidavit of heirship as those options do (or in some cases do not) affect interests in real estate.

Judge Andra Hedrick, Circuit Court Judge - Davidson Co.

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