If you are deciding whether to sell a property in probate or still unsure, this guide will help you make the right choice.
In our Probate Property Guide, we explain the entire process and why many homeowners decide to sell. Here, we focus on the key reasons, benefits, and steps to sell smoothly and confidently.
Why Sell a Property in Probate
1. Wiping the Debt Slate Clean
When an estate comes with unpaid debts, selling the property can relieve that burden. The sale helps settle outstanding obligations and brings financial clarity to the heirs.
2. Avoiding the Landlord Lifestyle
If your inherited property has tenants, you may suddenly find yourself managing a rental. For many heirs, that is not ideal. Selling allows you to skip the headaches of maintenance, rent collection, and repairs, and walk away with cash instead. (See our Renting Guide for more details.)
3. Covering Probate Costs
Probate can be time-consuming and expensive. Court fees, attorney costs, and appraisals add up quickly. Selling the property can help cover these expenses without dipping into personal savings.
Can You Sell During Probate?
Yes, you can, but it usually requires court approval. The executor or administrator of the estate must oversee the process and ensure it follows legal guidelines.
The easiest way to get court approval is to have two things ready:
- An attorney
- An agreement with a qualified buyer
These two elements can streamline the process and make it much easier for the court to approve your sale.
Finding a Buyer Quickly
Traditional listings take time, showings, and repairs. But there is another option: working with a trusted homebuyer like Your Trusted Buyer.
We purchase probate properties as-is, with no need for cleaning, showings, or repairs. You can even leave behind unwanted items.
Call or text (888) 569-9890 for a fair offer today.
Selling When You Do Not Have Funds for Probate
If you are short on funds, you can still move forward. Here is how:
-
Partner with an Attorney
We can connect you with experienced probate attorneys who understand how to structure the process efficiently. -
Sell the Property
Once approved, proceeds from the sale can cover probate expenses. Our team simplifies the sale, avoiding the delays and costs of traditional listings. -
Transfer the Title
After the sale, the title transfers smoothly, ensuring all heirs and beneficiaries receive their rightful shares.
Understanding Probate Sale Methods
There are two main types of probate property sales, and knowing which applies to you will help manage expectations.
Section 239 Sale
A Section 239 sale, under Title 58 Section 239, is the faster and simpler route. It allows the sale to proceed without ongoing court supervision, ideal when all heirs agree.
Steps for a Section 239 Sale:
- Open the probate case and set a hearing date.
- The court reviews the will and appoints a personal representative.
- The representative requests approval for a Section 239 sale.
- If all heirs agree, the court authorizes the sale.
Non-Section 239 Sale
If heirs disagree or not all can be reached, this process takes longer and involves closer court oversight.
Steps for a Non-Section 239 Sale:
- Open the probate and schedule an initial hearing.
- The court identifies heirs and appoints a representative.
- The representative petitions for a sale and publishes notice in a local newspaper.
- The court reviews any objections and sets a final hearing.
- Once approved, the property is marketed, offers are submitted, and competing bids may occur in court.
This route can take two to three months or more, depending on complexity.
Final Thoughts
Selling a property in probate may sound complex, but with proper guidance and a trusted buyer, it can be smooth and stress-free.
If you need help navigating the process or want a fair and fast offer, call us today at (888) 569-9890.
Note: We are not attorneys, only experienced and trusted homebuyers familiar with probate property transactions. Please consult a licensed probate attorney for legal advice.
