Can I Sell My House in Probate?

Can I Sell My House in Probate?


Can I sell my house in probate? The answer is yes as soon as the court appoints an executor.

What is probate?

Nolo Law for All says, “Probate is a legal process that takes place after someone dies. It includes:

  • proving in court that a deceased person’s will is valid (usually a routine matter)
  • identifying and inventorying the deceased person’s property
  • having the property appraised, paying debts and taxes, and
  • distributing the remaining property as the will (or state law, if there’s no will) directs.

Does All Property Have to Go Through Probate When a Person Dies?

QuotingNolo Law for All: Not all assets are subject to probate. For example, some kinds of assets transfer automatically on the death of an owner, with no probate required.  The most common types of assets that pass without probate are:

  • Joint Tenancy assets-when one joint tenant dies, the surviving joint tenant becomes the owner of the entire asset. So, for example, if ownership of the property is “Jane Sage and John Sage,” as joint tenants with rights of survivorship, John owns the entire house if Jane dies.
  • Tenancy by the Entirety or Community Property With Right of Survivorship– These are forms of property ownership that function like joint tenancy. The survivor owns the entire property at the death of the other tenant, but this type of ownership is only available to married couples.
  • Beneficiary Designations
  • Payable on Death Accounts/Transfer on Death Accounts

Can I Sell My House in Probate?

If the house is subject to probate, the heirs may still quickly dispose of the property when the court appoints an executor. However, if there is no designated heir when the owner passes, the property is turned over to the courts. Then the courts will appoint the closest relative as the executor to sell the property.

Choices for property disposal include using a realtor with an MLS listing, heirs selling the property themselves, or using a real estate investor like Styl Properties, Inc.

UpNest writes, “A buyer must make an offer accompanied by a 10% deposit, which the sellers may reject. The offer is subject to the court’s confirmation, and the seller is not committed to that buyer even though they accepted the offer.  The estate representative will then submit the paperwork to the court to confirm the sale through their probate attorney. If all parties agree, then a future date is set for the sale to be finalized in court.”

After moving through all the steps for selling, the probate court will handle splitting the proceeds between beneficiaries.

FREE information on How to sell your house fast

Styl Properties, Inc. is here to help homeowners out of any distressed situation.  

As investors, we are in business to make a modest profit on any deal. However, we can help homeowners out of just about any situation, no matter what!  There are no fees, upfront costs, commissions, or anything else.  Instead, we offer the truth about your home and how we can purchase the property fast for cash.

Give us a ring. We would love to help you understand the process and to answer all of your questions. You can reach us at 402 999.0577. 

Photo by Melinda Gimpel on Unsplash

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