Can a House Be Sold While in Probate? A Homebuyer Answers

house from outside

Real estate is a complicated business. Through this channel, ordinary people can become millionaires during their lifetimes. But, it takes a lot of knowledge and a lot of careful timing to be successful in this game. Not to mention, you also need to take care of online loans for bad credit, investments, potential profits and a lot of money.

There’s also a lot of legal action that’s made during these processes, that is why hiring professional probate lawyers is necessary. If you’re ready for the ride, we can get started on a specific situation. That is, what to do and how to sell a house while it’s in probate. Click here to read more.

What is probate and how can you sell houses in it?

Probate is a complicated legal process. It focuses on going through everything about a property after the owner dies. Most often, every real estate owner leaves a will. In it, they list family members and decide who will get which portion of the inheritance and the property. In the meantime, a court appoints an executor, which is a person who will look out for the estate and see that everything goes through correctly. More intricate details regarding estate planning can be discussed by your local family law firm.

As they say, where there is a will, there is a way. So it is with these processes. The executor will then look at the will and look at any debts the deceased might have. If any debts are left unpaid, then the executor will sell the house and then use the money to repay all of the obligations. After that, all of the money that’s left will be distributed to the people listed in the will. These typically include the spouse and the children. If there is more than one kid, then the money is distributed equally. Here’s some more info:

How does the entire process go?

Whenever and wherever there is legal action to be taken, things get complicated. And they get complicated in a very short time. In probate sales, there’s a lot of people involved, as well as the court. This includes the executor, the Judge, the buyer and two real estate agents. One agent will be representing the executor and the other one will represent the buyer who has to come with a lawyer to complete the conveyancing legal process; in case you need one, check the Bob Bratt website. There may be even more of them if there are more buyers. In this case, the entire selling process will go through the court as an auction, where the highest bidder will get the property.

Of course, this is putting things directly, but there are other things to take into consideration. There are many requirements and we’ll look at only the basics. The first requirement is that the property needs to be sold at the best price possible. This is where almost all issues arise. More often than not, the heirs of the estate are not satisfied with the price and there are lots of misunderstandings. This happens when the executor takes matters into their own hands. But, the solution is quite simple, they get a real estate agent.

When the representative of the estate hires an agent, they also sign an agreement. Then, every party is satisfied. The executor gets the most money, but that all depends on the quality of the real estate agent. When picking, they have to note that there are a few things to be taken into consideration. The first one is that the agent knows the local market well enough, and the second one is that he or she is experienced with probate sales.

After this, all the storm clouds are gone and the process is close to being finished. The agent then takes the matter and continues the job. They show the home to new buyers and they make sure that there is a ten percent deposit. After this, every potential buyer writes an offer and the agent brings it to the executor.

Then, the executor chooses whether that’s a good offer or not. If it is, a new process arises and the offer is taken to court, where a stamp must be put on it. During this, a petition is created to confirm the sale. All in all, dealing with real estate is rough business. There are a lot of things that just rise up out of nowhere. But, that always happens when you’re dealing with the law.