Aren’t any lease againstreal property of the estatesuppossed to be paid off during probate?

UPDATED: Jul 20, 2010

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Aren’t any lease againstreal property of the estatesuppossed to be paid off during probate?

I just closed probate on my mothers estate and now I am trying to sell the home. The escrow company has found a lien on the property that was placed in 2008. Shouldn’t probate have found that? Am I protected against that?

Asked on July 20, 2010 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A lien would be considered a debt of the estate and you are correct that it should have been paid off prior to the closing of the estate.  When you say protected from the claim what do you mean?  Do you mean that it is wiped out because it was not found during the probate?  That is an unlikely scenario to occur.  Were you the Executor? Who facilitated with the probate?  Did you have someone do a title search during the probate to determine if the property had any encumbrances?  If a title search was done and the lien was not uncovered the title company then you can make a claim against the company.  They are insured for errors and ommissions.  You need to check with whomever facilitatied the probate and the executor.  Good luck. 

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