When someone passes away, their real estate often needs to be sold as part of settling the estate. If the property is going through probate, there are specific legal steps you need to follow. Here's what executors and heirs need to know.
What Is Probate?
Probate is the legal process through which a deceased person's will is validated and their assets are distributed. If the deceased owned real property, it typically must go through probate before it can be sold or transferred.
Can You Sell During Probate?
Yes, in most states. The executor or administrator of the estate typically has the authority to sell property, though court approval may be required depending on state law and the terms of the will.
Steps to Sell a Probate Property
- Get appointed as executor or administrator by the probate court
- Obtain an appraisal or market analysis of the property
- Get court approval to sell (if required in your state)
- Find a buyer (cash buyer, agent listing, etc.)
- Negotiate and accept an offer
- Submit the sale to the court for confirmation (if required)
- Close the sale and distribute proceeds to the estate
Why Cash Buyers Are Ideal for Probate Sales
Cash buyers are often the best option for probate properties because they buy as-is (no need to repair an estate property), close quickly, don't require financing (less risk of deals falling through), and can be patient with probate timelines.
Selling a probate property? SimpleClose has experience with probate sales. We work with executors and attorneys. Get a free, no-obligation cash offer.