Simplifying Probate Property Sales
(Expert guidance & fast solutions for probate property sales.)
What is Probate and how does it affect the property and beneficiaries?
When someone dies, their will is sent to probate court to verify its validity. The court appoints an executor to distribute assets to the beneficiaries. The executor first pays off any debts, then ensures the beneficiaries receive their share.
Probate ensures fair execution of the will, allowing parties to contest if they believe the distribution is unfair or the will was made under duress.
If there is no will (intestate), the court appoints an administrator to handle debts and distribute remaining assets.
The probate process can take weeks to months, influenced by the will’s complexity, number of beneficiaries, debts, and any contests. It usually takes longer without a will.
Properties listed in the will cannot be sold during probate. Once probate is complete, the new owner can sell the property if desired.
Things to Consider When Inheriting a House.
Does the property need maintenance, upkeep or a complete makeover?
Does the house have an existing mortgage that needs to be paid off?
Does the deceased have outstanding debts that need to be paid off?
Does it have to be sold to settle any debts of the deceased?
Will there be any funds left over from the sale to disperse evenly amongst the beneficiaries?
Executor Determines If the House Needs to Be Sold
When an executor takes over an estate, they decide whether the house stays with the beneficiaries or is sold to pay off debts.
If the house has a mortgage or the deceased had significant debts, selling might be necessary. This is one of the times a house can be sold during the probate period.
Even if the house is paid off, selling could be the best option to evenly divide assets among multiple beneficiaries.
Beneficiaries can influence this decision, especially if the house has sentimental value.
How to Sell a House in Probate
If the executor opts to sell the house, potential buyers can submit bids to the probate court. This allows you to purchase probate property before the process is finalized.
Probate properties are sold “as is,” often requiring significant repairs or updates, which may appeal to a specific type of buyer. Purchasers must make cash offers, as securing conventional mortgage financing for probate properties is typically very difficult. Most courts only accept cash offers via cashier’s checks. Finding a cash buyer can be challenging, especially in today’s economy, even for real estate agents.
Purchasing a house in probate can be lengthy due to the need for scheduled court appointments. If local courts are slow, it may take several weeks to review bids. However, an expert in purchasing probate properties can leverage their knowledge and connections with attorneys and courts to expedite the process.
If the property is in good condition, requires no updates, and you’re aiming to maximize its value while willing to wait for the sale process, listing it with a realtor could be a great option.