by | Selling

Have you inherited a house that’s in probate and not sure what to expect? I’m here to give you some insight on what probate is, what you can expect and why a home ends up in probate. This can be a stressful time… so let’s alleviate some of that. First of all…what is probate? 

If a home is not part of a living trust, probate is the legal process that is required to sell property that is in the deceased person’s name.  When in probate, the court gets involved at various levels depending on the situation. A person is assigned to administer the estate, which may very well be you if you are watching this video. It can be a complicated process and you may find it necessary to hire an estate attorney to help get you through it. Know that there are some substantial fees associated with completing a probate procedure. The biggest reasons real estate property goes into probate is because it wasn’t in a living trust or because of the way the title was held. 

To avoid the expensive probate process it’s necessary to plan ahead and take action BEFORE the owner passes. By working with an Estate attorney, you can avoid Probate by putting your assets, including real property, such as a home, into a Trust. A common misconception about probate is that people think that a will keeps property out of probate. That is not true! The “WILL” does allow the deceased to determine such things as who receives what, as well as who will be the executor of the will. This is much better than trying to sell the property intestate, or without a will. If there is not a will, the state determines the intestate succession. In other words, who receives the property that is left behind. 

If you find yourself involved with a probate, there are many resources available to help direct and smooth the way. I’ve personally been through this process twice and I’m happy to share the resources I found that helped me get through and connect you with other vendors and services you may need along the way. Also, be sure to seek the advice of an estate attorney as I am not one but just giving helpful information. If you’re facing the responsibility of selling a loved ones property after they passed I’m here to help you get through the process.