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Force 4 Good Properties can provide you with resources to help guide you through the probate process. We are happy to be a trusted advisor during this process. Our team possesses the knowledge and skill sets to resolve your probate challenges.
Many residents find themselves looking for information about how to sell an inherited house before probate. This is either because they have inherited a house through a will or have been named as executor.
This is the situation that raises the need to find answers to several important questions. One of those important questions is “can you sell a house before probate is granted?“
It could be their parent’s home where both parents are now deceased. One option is to put the house on the market but the question is, “can you sell an inherited house before probate?”
If a will exists chances are a family member who is close to the deceased is aware of this important document. The executor of a will has the duty and obligation to see that the last wishes as outlined in the will are fully carried out. If property is involved in the estate, such as a house, it will most likely have to go through a probate process.
Individuals who have inherited a house may not realize that it has to go through a probate process. They may attempt to put the house on the market for sale. If they hire a Realtor to carry this out, an experienced agent will know that the house must go through the “selling a house before probate” process in order for a sale to be legal.
The probate laws are in place to ensure that the wishes of the will are carried out as intended. This is the main reason why selling a house before probate is not allowed in many states.
There is an alternative option to the standard probate procedure. This process is called “Muniment of Title”. It is applicable when a will was left but there were no debts secured by real property. This alternative process is done by validating the will in a local county court. Once this court has approved the validation, property titles can be transferred to the beneficiaries.
There is another alternative that should be considered (Disclaimer: check with a local attorney to see if this applies to your city). This option is for those looking at selling a house before probate. It is called Affidavit of Heirship. It can be utilized if the property in the estate only amounted to real property, i.e., a house or houses.
During this process, the property titles are transferred to the heirs. It involves two individuals, who have nothing to gain from the estate, signing the affidavit. Once this is done this document must be filed with the deed record department in the local county where the house is located.
You may have discovered that selling a house before probate is not allowed in many states. It is important to know the laws of the state the house resides.
In states where you can sell a house going through probate, there are specific steps that must be taken for the sale to be legitimate.
The property has to be appraised by an independent certified appraiser.
The probate petition requires some information to be filled in. This applies to both selling a house before probate and selling one during probate. It includes the details that pertain to the proposed sale. You may also have to outline the method you are using to sell the home. Once completed properly and submitted to the courts, you must wait for court approval. A sale before this petition will not be considered valid.
Buyers will have to obtain confirmation of the sale from the court handling the probate case.
The public must be informed about the sale that has taken place during the probate period. This is done by running an ad about this in the local newspaper.
Another option is to sell an inherited house to a cash house-buying company. You won’t have to worry about any repairs, you save thousands on agent commission costs and you can receive a no-obligation cash offer in just 24 hours.
Force 4 Good Properties gives you a cash offer within one day and you can close whenever works best for you. You can have your house sold in a week!
If you need to sell your house fast and would like to get a no-obligation cash offer, call us now at 405-317-9747. Whether you decide to sell your house to us or not, we would like to help answer questions you might have about the process.
