How to Put a House on the Market During Probate

Whenever there’s a death in the family, there are suddenly so many things to take care of and figure out—on top of your and your family’s grief. If you’re going through the probate process , there’s a chance you’ll need to navigate selling the person’s home and property. Selling a house during the probate process comes with different rules and requirements, so it’s important to be informed before trying to sell. 

Who Is the Executor of the Estate?

First thing’s first. Either an executor will be named by the deceased person in their will or the probate judge will appoint an administrator to the estate. Both executors and administrators are also known as the estate’s “personal representative.” The personal representative will begin gathering all the necessary information in order to sell the home of the deceased. This primarily includes accurate assessments of the value of the real estate and other assets owned by the person. 

Selling a House During Probate

First, the executor will need to ascertain the value of  the house and property. The executor can then list the house for sale. 

Once an offer is made, a court hearing may be required, depending on whether the personal representative is granted the power to sell real estate in the will. If court approval is required, once the heirs at law agree to the sale price or the judge determines that the terms of the sale are appropriate, the court will issue an order granting the sale of the property, and the closing can proceed as normal.

Let Us Help Handle Probate

During probate, selling a loved one’s home and property can be complicated and emotionally draining. A compassionate lawyer with expertise in estate planning can make more than a difference: he or she can help make life doable. Schedule a consultation with Kristin Waters Sullivan today!

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Helping to Define What’s In Your Estate Plan: Terms to Know

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Likely Causes for an Estate Stuck in Probate