Does Fee Simple Go Through Probate?

Property owned by “fee simple” is controlled by a will and subject to probate (unless the property is titled in the name of an individual's living trust).

Does fee simple pass through probate?

Anyone who owns property in fee simple has absolute ownership of the property. ... Equitable ownership doesn't affect the fee simple ownership of property, because equitable ownership is the result of the decision of a court of equity, such as a probate court.

Is a fee simple estate inheritable?

Examples include the fee simple estate or the defeasible fee estate, which continue for an indefinite period and are inheritable by the owner's beneficiaries.

Alexander Ross

Alexander Ross

Gaming, Esports & Interactive Media Writer

Alexander Ross has covered the video game industry for a decade, writing deep dives on game design, esports tournaments, VR developments, and gaming culture.