Probate is a court-supervised legal process for transferring ownership of property after someone dies. If you've inherited a house, you may be wondering: Do I need to go through probate before I can sell? Here's what you need to know.
What Is Probate?
Probate verifies the deceased's will, pays off debts and taxes, and transfers assets (including real estate) to the rightful heirs. The court appoints an executor or personal representative to manage this process.
When Is Probate Required?
If the property was owned in joint tenancy, placed in a living trust, or had a transfer-on-death deed, probate may not be necessary.
- The property was solely in the deceased's name
- No living trust or joint tenancy exists
- There is no clear beneficiary named for the property
Steps in the Probate Process
- File the will and death certificate with the local probate court
- Court appoints an executor or administrator
- Inventory and value the estate assets
- Pay debts, taxes, and expenses
- Distribute remaining assets to heirs
- Transfer property title to new owners
Can You Sell a House During Probate?
In many cases, yes-but you'll need court approval and must follow specific rules. Selling to a cash buyer like Premium Cash Buyers can simplify the process and help you close quickly, even during probate.
How to Avoid Probate
- Place property in a living trust
- Hold title with rights of survivorship or joint tenancy
- Use a transfer-on-death (TOD) deed where allowed
Need Help Selling a Probate Property?
Navigating probate can be stressful. Our team helps you sell your inherited home fast and can refer you to a probate attorney if needed. Contact us today for expert advice and a free cash offer.