Selling a house in probate can be overwhelming. Probate is the legal process of settling a deceased person’s estate, and if you’re the executor, you’ll need to follow specific steps before the property can be sold. Friendly Offer is here to simplify the process and guide you every step of the way.

What Is the Probate Process?

Probate begins when a petition is filed with the court to open the estate. From there, notices are sent to creditors, assets are inventoried, and debts are paid. Once those steps are completed, the executor or administrator can begin distributing the remaining assets—including any real estate.

If you’re selling property during probate, you’ll typically need an appraisal and must notify all heirs of the planned sale. After the sale, taxes and debts related to the property must be settled before proceeds are distributed.

Can You Empty a House Before Probate?

In some cases, yes—but only if there are no disputes among heirs and the court hasn’t restricted access. Executors must inventory all personal property and ensure any debts tied to the estate are addressed before the house can be emptied and sold.

What Is an Executor of an Estate?

An executor is the person named to manage the estate, either by will or court appointment. Their responsibilities include filing court paperwork, paying debts, managing assets, and ensuring property is distributed according to the law or the will.

Can You Sell a House During Probate?

Yes, you can sell a house in probate—but you’ll likely need court approval. The property may need to be appraised, and interested buyers must often follow a court-supervised bidding process. The proceeds from the sale are used to pay off estate debts before being distributed to beneficiaries.

Steps to Selling a House in Probate

Obtain an appraisal to establish fair market value.
Notify heirs and get any necessary court approvals.
List the property with a knowledgeable agent or sell directly to a cash buyer.
Accept an offer and complete court confirmation, if required.
Close the sale and distribute proceeds per the estate plan.

How Long Does Probate Take?

Probate can take anywhere from a few months to over a year. The timeline depends on the complexity of the estate, court schedules, and whether disputes arise among heirs or creditors.

Is Probate Required?

Probate is generally required unless the estate is small, there’s a living trust, or the property was jointly owned. It ensures legal debts are paid and property is distributed properly. In some cases, simplified procedures may apply.

What If There Is No Will?

When someone dies without a will, state laws determine how assets are divided. This is known as intestate succession, and typically favors spouses, children, and other close relatives. If no relatives exist, assets may be claimed by the state.

Do You Need Probate If There Is a Will?

Even with a will, probate is often required to validate it and appoint an executor. Simplified processes may be available for small estates or where there are no disputes.

Selling a House in Probate: Tips for a Smooth Process

Get organized: Gather necessary documents like the death certificate, will, and property information.
Work with experts: Hire a probate attorney and a real estate agent familiar with probate sales.
Price it right: Use the appraisal to set a fair and competitive price.
Be patient: Probate sales often take longer than traditional transactions.
Follow legal steps: Make sure all court requirements and notifications are properly handled.

Should You Accept a Cash Offer?

Cash offers during probate can speed up the process and reduce complications. Benefits include:

Faster closings—sometimes within days
No need for repairs or inspections
Reduced legal and holding costs
No agent commissions or closing fees

Need to Sell a Probate House Fast?

Friendly Offer specializes in buying probate homes quickly and without hassle. We purchase properties as-is for cash and can close in as little as 7 days. If you’re looking for a fast and stress-free solution, call us at (805) 422-7049 or complete our online form for a no-obligation cash offer today.

Originally Published Apr 18, 2022