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How To Sell A House In Probate

Martin Boonzaayer

March 24, 2022

After there is a death in your family, the idea of selling the family home can be a very difficult one to make. Not only are there memories tied to the home, but there is also a large list of complications that come with the probate process.

Understanding how this process works can be a little challenging since there are many requirements that must be met in order to sell the house. 

What Is Probate?

Probate is the legal process that follows the death of a homeowner, typically when the house was not in a trust or equally owned by someone else who had full rights of survivorship.

Typically the home will need to be sold and the funds will be split amongst beneficiaries if there were no specific instructions as to whom the home would go to.

If this is the case for your situation, it’s important to hire a lawyer and get the paperwork in order, before petitioning the courts.

A judge will ultimately decide who owns the property or house and will typically base this decision on the will. 

a judges seat with a wooden desk and gavel

If probate is found in your favor, you can use the final sale of the home income to pay off your probate fees and lawyer.

However, it is important to note that you can’t sell or list the home while dealing with the probate process. Probate must be finalized before you consider listing your home. 

What Can I Do With My Inherited Property?

Once you officially own the inherited property you have several options to consider. You can potentially rent the property, list and sell, or even work with an investor for a quicker process. It all depends on your end goal and how involved you want to be in the process.

Typically the goal is to sell, but first, let’s explore your other options.

Rent The Property

Renting is a potential option, you might need to make some repairs and get everything up to code before renting, but this is a great way to earn an income while keeping the property.

If you are out of state, this might be a little more difficult to handle but you can always consider getting a rental company to handle the tenants for you. 

Give The Property Away As A Gift

Another option you have for inherited property is to give it away as a gift. Once you have gone through probate and own the property outright, giving it to your children or family members is another option to consider. 

Listing And Selling Your Inherited Property

If you do not want to deal with tenants, another option is to sell your property. First, you will want to hire a real estate agent and make any necessary repairs and updates to the home so you can sell.

Next, your agent will list the property and set up showings to get your house in front of buyers. After the sale, you will need to cover the agent’s fees and you can officially step away from the house and responsibilities.

If you are out of state, there can be a few more complications to this process, so it’s important to work with an agent you trust. 

Selling To A Real Estate Investor

If you are out of state, having costly repairs, or simply want a fast option to sell, an investor is a great option. Working with The Trusted Home Buyer ensures that you don’t have to worry about closing costs, repairs, or hidden fees.

This option allows you to be as hands-on or hands-off as you want to be. Over the years we have worked with local and out-of-state clients who have inherited property and helped them navigate the probate process and offered cash, quick closing, and no fees to make the process easier and stress-free.

We understand how difficult the probate process can be, especially if you are dealing with the loss of a family member. 

“As the personal representative for my father's estate, I decided to sell his house after he had passed away. With me living in New Jersey, working full time, and with the house being in Arizona, I was looking for a quick, fair way to sell. 

I had received several brochures from a variety of different real estate investors and called many to understand how they do business. Martin with The Trusted Home Buyer came to see the property within 24 hours of my call.

He explained in person how he approaches his business, coming to our meeting with relevant, specific market comparables and explaining how he derived his offer price. 

Unlike other potential buyers who threw offers around over the phone without seeing the property, Martin and his team understood the value of a face-to-face conversation to arrive at a mutually agreeable sales price. 

The Trusted Home Buyer also showed good faith in dealing with other ways: by offering a significant earnest deposit, by offering to pay all closing costs, and by guaranteeing an on-time close.

Konni, the Closing Coordinator with The Trusted Home Buyer, provided extremely professional service throughout the process. 

She arranged a final walk-through (even though I was all the way across the country as it occurred). She was a liaison with the title agency to resolve any questions that came up, and she helped expedite the closing to occur less than two weeks after signing the sales contract.

I highly recommend The Trusted Home Buyer to anyone considering selling a property, especially those with a desire or need to close quickly, and/or who doesn't relish the idea of paying out commissions to a realtor.” 

-Kelly J

If you need help with your probate property, give us a call today. We would be happy to help you navigate this process and offer our services to help you determine if selling to an investor is your best option. 

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