Inherited a House? See if you can sell Before Probate?
In Texas, sometimes you can sell an inherited house before probate is finalized.
SELL A HOUSE BEFORE PROBATE
Many residents in the State of Texas, find themselves looking for info about how to sell an inherited house before probate. Either they have inherited a house through a will or have been named as executor.
This is a situation that needs answers to several important questions. One is “can you sell a house before probate is granted?”
CAN YOU SELL A HOUSE BEFORE PROBATE?
Some people who inherited a home often can’t or don’t want to keep it. It could be their parent’s home where both parents are now deceased. One option is to put the house on the market but the question is, “can you sell an inherited house before probate?”
If a will exists, the chances are a family member who is close to the deceased is aware of this important document. Usually a specific person is named as the executor in the will. The executor has the duty to see that the last wishes are fully carried out. If a property is involved in the estate, like a house, this will usually have to go through probate.
People who have inherited a house may not realize that it has to go through a probate. They may attempt to put the house on the market for sale and then find out it can’t sell until the proper permission is granted by the court. This is in order for a sale to be legal.
The probate laws are in place to make sure the wishes of the will are carried out properly. That’s why selling a house before probate is not allowed in many states.
Fortunately, in Texas there are some controlled exceptions. There is an exception to going through the standard probate procedure by using a process called “Muniment of Title”. This is when there is a will but there were no debts secured by real property. This can be achieved by validating the will in a local county court. Once approved, property can be sold.
There is another alternative that should be looked at. (Disclaimer: check with a local attorney). An Affidavit of Heirship is for those who are looking at selling a house prior to probate. This can be used if the property in the estate is only real property.
This way the property titles are transferred to the heirs. It involves two witnesses who have nothing to gain from the estate and will sign the affidavit. Once completed and approved, this document must then be filed with the local county clerk.
CAN YOU SELL A HOUSE GOING THROUGH PROBATE?
Another question is “can you sell a house that is already going through probate?”
It is important to really know the laws of the state in which the house resides. It may have been discovered that selling a house before probate is not allowed in many states.
In Texas, the answer is yes you can. But there are specific steps that must be taken in order for the sale to be legitimate. One is that the property must be appraised by an independent certified appraiser.
Getting the petition
The probate petition requires certain information. This is for both selling a house before probate and selling one during probate and includes all the details that pertain to the sale. You may also have to disclose how the home will be sold. Once submitted to the courts you then have to wait for approval. A sale before this petition approval will not be accepted.
This answers the question about selling a house before probate. It also shows that when it comes to Texas, like the other states, there are specific rules to follow.
Putting the house up for sale.
Potential buyers must be informed that a sale can only be finalized after confirmation by the court.
Buyers will have to get confirmation of the approval from the court handling the probate case.
Local Newspaper advertisement
The “public” must be informed about the sale that has taken place during the probate period. This is done by running an ad concerning this in the local newspaper.
CAN AN EXECUTOR SELL INHERITED PROPERTY BEFORE PROBATE?
People who become an executor may find different types of property to deal with.
First they have to understand their role as executor.
An executor does not inherit any of the property. Sometimes an executor is named by the deceased and sometimes may be appointed by the court.
In most cases probate is needed and then the executor must attend to this either doing it himself or hiring a lawyer to complete it.
One of the questions raised by the executor with this responsibility is, “can an executor sell an inherited house before probate?”
It may be that the heirs want the sale of the house completed quickly so they can receive their share of the money that was allotted to them through the deceased.
Most states probate rules and regulations are pretty much the same. But there are a few differences that do exist in some of the states about selling an inherited house before probate.
Texas is considered to have easier rules to follow for probating.
In Texas, the will can direct the executor to go after independent administration. This makes the process much easier and gives more freedom to the executor outside of the control of the court. When granted, the executor does not have to ask permission from the court to sell the house named in the will.
Sell Your House to a Cash Home Buying Company
Another option is to sell an inherited house to a cash house buying company. You don’t worry about repairs, you save thousands on commissions and you receive a cash offer in 24 hours.
We give you a cash offer within one day and you can close when it works best for you. You can have your house sold in a week!
If you need to sell your house fast and would like to get a cash offer quickly, call us at 210-849-7519. Even if you sell your house to us or not, we will answer questions about the process.
Get a Cash Offer Within 24 Hours
Our customers comment all the time about our soft approach. You won’t get a hard sell with us. If you are not completely satisfied with the offer we make to buy your house, you don’t have to accept it. No charge, no cost, no fees.
We’d love to talk to you today about the house and your situation. We will help even if you decide not to sell your house.
Give us a call at 210-348-3681 or fill out the form below to get started. We look forward to speaking with you