INHERITED A HOME
Can you Sell before probate?
Many people inherit houses and are unsure whether they can sell the property before the probate process is completed. This common scenario typically occurs when someone is left a home in a will or appointed as the executor of an estate, raising important legal and financial questions.
Understanding Probate and Sale Options
Inheriting a house can lead to the immediate question of whether it can be sold right away—especially if you have no intention of keeping it. While that might seem like a practical option, selling a property before probate is typically not permitted, as the legal system must first validate the will and ensure the proper distribution of assets. If you’ve been named executor, you’re tasked with managing the estate according to the deceased’s wishes, which includes handling any real estate. Still, most property sales tied to an estate must go through probate first, which means there may be a delay before the home can legally be listed or sold.
Exceptions and Alternative Processes
There are some circumstances where the traditional probate process may not be necessary:
Muniment of Title – This simplified procedure can be used if the deceased left a valid will and the estate has no outstanding debts. Once the court confirms the will’s authenticity, ownership of the property can be transferred directly to the beneficiaries without going through full probate.
Affidavit of Heirship – When the estate is made up solely of real estate, this option allows heirs to claim ownership without formal probate. It requires an affidavit signed by two individuals who are not beneficiaries and filed with the county clerk or local land records office.
Selling During Probate
In certain states, such as Texas, it is possible to sell a property even while it’s still going through the probate process. The steps typically include:
Property Valuation: Hire a licensed appraiser to determine the fair market value of the home.
Filing a Petition: Submit a formal request to the probate court that outlines the details of the intended sale.
Listing the Property: Let interested buyers know that the transaction will require court approval.
Court Review: The sale must receive the judge’s confirmation before moving forward.
Public Notice Requirement: Publish a notice in a local newspaper to alert the public of the pending sale.
Alternative Selling Option
Another quick option is to sell the house to a cash home buying company:
This method avoids the need for repairs and realtor commissions.
You can receive a cash offer quickly and close the sale at your convenience.
We can provide a cash offer within 24 hours and allows you to close the sale as soon as it suits you.