top of page

Frequently Asked Questions

1. What is probate real estate?

Probate real estate refers to property that is being sold as part of an estate settlement after the owner has passed away. The sale is often supervised by the court to ensure that the deceased’s debts are paid and the remaining assets are distributed according to the will or state law.

2. Who can sell probate real estate?

Typically, the executor or administrator of the estate, who is appointed by the court, has the authority to sell probate real estate. This individual is responsible for managing the estate’s assets and debts.

3. How long does it take to sell a property in probate?

The timeline can vary significantly. Factors such as the complexity of the estate, court schedules, and potential disputes among heirs can affect the duration. On average, it can take anywhere from a few months to over a year.

4. Do I need court approval to sell probate real estate?

Yes, in most cases, the sale of probate real estate requires court approval. This involves filing a petition, notifying heirs and beneficiaries, and sometimes holding a hearing where the court will approve or deny the sale.

5. Can probate real estate be sold without a will?

Yes, probate real estate can be sold without a will. If there is no will, the property will be distributed according to state intestacy laws, and the court will appoint an administrator to handle the estate, including the sale of real estate if necessary.

6. Are there any specific marketing strategies for selling probate real estate?

Yes, marketing probate real estate may involve working with specialized agents who understand the probate process, pricing the property competitively, and being prepared for a potentially longer selling period due to the need for court approval.

7. What are the costs involved in selling probate real estate?

Costs can include court fees, appraisal fees, real estate agent commissions, attorney fees, and any necessary repairs or maintenance on the property. These costs are typically paid out of the estate.

8. Can the heirs object to the sale of probate real estate?

Yes, heirs can object to the sale. If an objection is raised, it can delay the process and may require mediation or additional court hearings to resolve the dispute.

9. How are the proceeds from the sale of probate real estate distributed?

The proceeds from the sale are first used to pay off any debts and expenses of the estate. The remaining funds are then distributed to the heirs or beneficiaries according to the will or state law.

10. What happens if the property doesn’t sell during probate?

If the property doesn’t sell, the executor or administrator may need to lower the price, make necessary repairs, or find alternative selling strategies. In some cases, the court may need to be involved to determine the next steps.

bottom of page