Published on February 12th, 2022 | Updated February 21st, 2022
Selling any property is a challenging legal process that requires the property owner to consider all the nuances. Moreover, the process can seem even more complicated regarding real estate obtained through inheritance.
Inheritance is the transfer of rights to a property to the new owner, which the individual previously owned via private ownership. After the death of the owner, the property passes to their heirs.
However, there are even more questions and unresolved issues when selling houses in probate.
So, can you sell a house during probate?
Let's take a closer look at this process in this article.
Table of Contents
In the United States, the adoption of probate legislation is under the jurisdiction of each state. However, the procedure for probate and the subsequent sale of a home is conducted almost the same way.
Probate is a term used to describe the legislative process that involves taking control of and inheritance of a deceased person’s property. A distinctive feature of the U.S. inheritance system is that the beneficiaries do not directly inherit the property.
After the owner’s death, the heirs automatically acquire the title of new owners, but it does not entitle them to administration rights. However, a probate case can be opened upon application to the Probate Court, which determines the will’s validity and appoints or approves a probate administrator for a probate phase.
The right to administer the assets temporarily passes to a personal representative or attorney. This legally authorized party is obligated to convey title to the property to the heirs. The legal representative is referred to as the executor (in the case of a will) or administrator (in the case of inheritance by law or if there is no designation in the will).
The executor is appointed in the will and approved by the court. In contrast, the court usually appoints the administrator and chooses the closest heirs, namely, spouse, children, and parents. In some cases, other individuals of interest, such as creditors, may also be appointed an administrator.
The executor must collect the deceased’s estate and make arrangements to pay any debts and taxes, including income taxes, owed to the deceased.
The executor acts under a trust created for the benefit of the heirs, who act as beneficiaries. The court constantly monitors the activities of the personal representative, whose primary obligations consist of the following points: