Many individuals nation-wide face a complex gift: an inherited home. Residents of Huntsville, like yourself, search for more information on how to sell an inherited house before probate. This house could have been gifted through a will, or the individual could have been named executor in the document.
This complex situation raises a few important questions. One of the questions is “can I sell a house before probate is granted?”
People who receive inherited properties often do not want to keep them. It could be too much additional work. It could be an emotional obligation and bring up sad memories. You could just list the property to sell but the question remains: “can you sell an inherited house before probate?”
Due to the binding legal obligation paired with a will, the family member named as the executor of the will must comply with the recently passed’s last wishes. If the estate includes property, the family member will often have to go through probate court.
Going through the probate process is often an unknown to the individual who inherited the property. If the individual just listed the house on the market for sale, including a realtor, the realtor will most likely bring up “selling a house before probate” process, which is required for a sale to be legal.
Probate laws ensure that the last wishes of the deceased are carried out as intended. Fulfilling these last wishes is why selling a house before probate is illegal in many states.
However, AL falls into an exception state. An alternative exists, beyond the standard probate process. “Muniment of Title” is applicable when a will was left but no debts exist which were secured by real property. In these cases, a local county court can validate the will. Once the court approves, property titles can be then transferred to the beneficiaries.
Another alternative in AL to look into is called Affidavit of Heirship. (Disclaimer: you should always check with a local attorney to see if this is applicable to AL). Also for those who want to sell a house before probate. This alternative can be used if the property in the willed estate equates to actual property, i.e., a house or houses.
Affidavit of Heirship transfers the property titles to heir(s). Two individuals, with no gains to be made through the estate change, sign the affidavit. Upon completion, this affidavit is filed with the deed record department in the local county where the home is located.
An important follow up question: can I sell a house that is already going through the probate process?
In many states, selling a house prior to probate is not allowed. It is important to know the laws of the state in which the house is.
For example, in Texas, yes. You can sell a house prior to probate. However, specific measures must be taken for the sale to be legitimate.
First, a third-party, certified appraiser must appraise the property. A realtor specializing in probate might be able to refer a good appraiser they have worked with before.
The probate petition requires some information to be completed. Selling before probate and selling during both are included. All details in the pending sale must be included. The selling method might even be required. After completion and proper submission to the court, now one waits for court approval. A sale prior to the approval is not considered valid.
Check this out to learn more about allowing a house sale prior to probate. Specific state by state restrictions apply and must be adhered to.
If a potential buyer approaches, they must be told to wait until the court validates the probate process and grants approval for a legal sale.
The court handling the probate case will confirm before a sale can be formalized.
During the probate period, a specific requirement must be followed: creating a public announcement regarding the probate property. The announcement typically involves listing a local ad in the newspaper or with a local online news site.
Individuals named as executor might find that rules can change based on property type.
Thoroughly understanding the role of executor is an important first step.
An executor does not meal that they inherit anything. The executor can be named in the will or the local court can appoint it.
Probate is typically needed. The executor or executrix must attend to probate either personally or with the assistance of a lawyer.
The executor often has this same question first: “can an executor sell an inherited house before probate?”
The will inheritors may want the property sold quickly – either to move forward with a difficult process or to obtain their monetary share of willed money.
Probate rules and exceptions vary state to state but essentially are the same.
AL is regarded as being an ‘easier’ state to go through the probate process.
In AL, a will can direct the executor to seek independent administration. This simplifies the process because it gives additional freedom to the executor beyond the court. If granted, the executor does not need to ask court approval to sell the house listed in the will.
Sell your inherited house to a cash buying company. Bypass the repairs and agent fees and request a no-obligation cash offer within 24 hours.
Veritas Home Buyers can extend a cash offer within one day and you can then close whenever is convenient for you. Imagine selling your Huntsville house in under a week!
If you’re looking to sell your Huntsville area house fast and would like get a no-obligation cash offer, call us at 256-488-4055. If you decide to sell your house to us or go with another option, we are happy to answer your questions and assist in this process.
Lucky for you, we buy houses in Huntsville.
We pride ourselves on never hard-selling. We will listen and hear you out and then make a fair market offer, all in cash. You are under no obligation to accept our offer. No charges or fees are applied.
We’d love to talk to you today about the house and your situation. We’re here to help even if you decide not to sell your house.
Give us a call at 256-488-4055 or fill out the form below to get started. We look forward to talking with you.