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Yes they have rights. real estate passes to the beneficiary immediately upon the death of the testator. However, the estate must be probated in order to obtain legal title. The Will must be submitted to the probate court for allowance. As in any estate, the debts of the testator must be paid before any property can be distributed. Once the probate process is completed the beneficiary will own the property as long as there are no outstanding debts large enough to require the sale of the property.

You need to contact an attorney who specializes in probate law. Until the estate is probated, no one has legal title to the real estate.

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Q: Can the person who is left the house by Will reside there and do they have any rights?
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