How To Sell A House While In Probate

Published on April 3rd, 2023

Probate is the legal process of settling a deceased person's estate. There are many steps involved in this process, and it can be confusing, but if you're named as Executor of an estate and need to sell real estate, it's important to know how to sell a house in probate.

Selling a house in probate can be a difficult process. If you need clarification on the steps involved, it is best to seek professional advice from an estate agent.

However, we have compiled a quick guide discussing everything you need to know about the legal processes to conduct a probate sale, including navigating probate court, finding a real estate agent, and settling estate debts.

What is Probate and Probate Court?

A probate is a legal proceeding in which a court oversees the distribution of the deceased person's property to their heirs.

The probate process can happen when the original owner's death happens suddenly, and they do not leave a will. That said, you will need the death certificate to begin the probate process in most states.

Since the property owner had no legal documentation saying where the property needed to go, the property now becomes what is called a probate property.



A probate attorney and the probate court will decide what happens to the property and where they should transfer ownership of the real estate or other parts of the estate assets.

How Long Does Probate Take?

Generally speaking, the entire probate process takes less than one year. During this time, the property will be given an appraised value, go through the proper probate process and probate procedure, and have a personal representative appointed by the probate laws.

As executor, you are responsible for liquidating the assets, paying off creditors, and distributing any remaining assets to the heirs, which means other family members who might have inherited property or a life insurance policy.



If there are no heirs or if your estate doesn't have enough money to settle debts, then the probate court will distribute what remains among creditors and charitable organizations.

Once you have been appointed by the court as an administrator of an estate and gone through the proper filing, it's time to sell your house. The executor is responsible for liquidating the assets, paying off creditors, and distributing any remaining assets to the heirs.

At this point, the person appointed executor of the probate real estate can choose to begin selling a probate property.

How Long After Probate Can A House Be Sold

An executor has to sell the house in probate before the probate process ends.

If he or she does not sell it within that period, he or she must ask the court to extend the period. The court may extend this time if there is a good reason for doing so (for example, if you want more time to find a buyer). You should consult with an attorney if you need more than the allotted time - typically 30 days.



If you need to extend your probate beyond the standard time frame, probate fees can get very pricey, which is why it's best to always work with a probate estate attorney to help manage probate costs, court costs, and the estate's assets besides the real property.

Do All Heirs Have To Agree To Sell the Property?

If you're the executor of a will, then all you need to do to sell a property in probate is to send notice to the heirs.



The reason this matters is that some states have rules about how long an heir has before he or she can inherit his share of an inherited property after someone dies--and this period may affect whether or not he/she has rights over what happens with the said property while it goes through probate court proceedings like selling homes, which is VERY different than a traditional home sale.

Here are some things you should consider before you move forward with a property sale or probate sale:

• You should choose an agency that is licensed and insured.
• The agency should have a good reputation in your area, so do some research to see what other people think of them.
• When you're looking at the real estate agent's website, look for examples of their work in selling houses like yours (if you have one).
• Ask what kind of marketing plan the agent will use. How will they market my house? Will it be through print advertising or online ads?
• Ask how much commission they charge or their service fees.
• Are they well-versed in state law surrounding probate and a living trust?



The process of selling a house in probate can be complicated, but there are ways around it if you have an experienced real estate agent on your side.

The first thing to consider is that most people don't know what their home is worth unless they had sold one before or had it appraised by a professional.

If this is the case with you, then we suggest hiring an appraiser before listing your property on the market so that they can give you an idea of where we should price it before listing the property for sale, that way you might even be able to get a very competitive cash offer to sell the property.

Working with an experienced agent will eliminate any undue stress dealing with a new buyer, bank holdings, and the overbidding process, an accepted offer, and help you handle such situations with a long to do list ready to go.

If you're going through probate, it can be a stressful and overwhelming process. Fortunately, there are options available that could make this process much easier for you.



For more information about selling probate property, what to do with the remaining profits, and so much more, be sure to check out our blog.