Probate property sales are easily one of the most stressful things a homeowner will ever experience.
They’re complicated legal processes with tons of emotion wrapped up. And most homeowners just don’t know what to expect. Court involvement. Executor responsibilities. Timeframe expectations. It can take months to complete probate after someone passes away.
Don’t worry…
Armed with the right information and education on hassle-free home selling options, probate doesn’t have to be awful. In fact, it can be pretty straightforward.
In this guide:
- What Is a Probate Property Sale?
- Why Probate Sales Take Longer Than You Think
- The Step-By-Step Probate Selling Process
- How To Make the Sale Hassle-Free
- Common Probate Mistakes To Avoid
What Is a Probate Property Sale?
Probate occurs when someone passes away without having their home tied up in a living trust. When this happens, the property goes into probate which is the legal process for distributing an estate’s assets.
Typically this involves selling the real estate and splitting up the proceeds.
Here’s the thing…
Rather than listing the property like a normal home for sale, a probate sale requires court approval to close. An executor or administrator is appointed to manage things on behalf of the estate. The executor works with a real estate agent to list the property and facilitate the sale.
But because probate courts have to confirm that everything is fair and transparent, it takes longer. Selling to an experienced home buyer like stryk cam rei makes the probate process easier for homeowners and helps avoid many of these headaches.
Keep reading to find out why.
Why Probate Sales Take Longer Than You Think
For anyone looking for reasons to avoid probate sales altogether, look no further.
The average probate process can take anywhere from a few months to a few years depending on how complex the estate is.
Courts get backed up with calendars. Heirs sometimes fight over assets. Creditors want payment. Everyone has opinions.
Recent estimates suggest there are over 1.2 million probate cases per year across the United States. Some states see hundreds of thousands by themselves.
But that’s probate cases.
Individual estates with multiple properties, deceased spouses, minor children, and businesses involved take significantly longer.
It doesn’t stop there…
Liquidating the estate incurs a lot of costs too. Probate fees, attorney fees, executor fees, filing costs, appraisal expenses — you name it. According to industry experts, probate can wipe out upwards of 10% of total estate value when everything is done.
Think about a home worth $400,000. Probate costs could eat up $40,000 of that in fees.
That’s before any of the heirs see a penny.
When you factor in time and expenses, probate really starts to sting.
The Step-By-Step Probate Selling Process
Now that the challenges are clear, here’s a review of the actual probate selling process.
Here’s how it breaks down from beginning to end.
Step 1: Executor Appointment
Probate begins when the court appoints an executor (will) or administrator (no will). This is the person legally responsible for overseeing the estate and selling the home.
Until the court appoints an executor, nothing can happen with the property.
Step 2: Property Appraisal
Next, a court-appointed referee will appraise the property to establish fair market value. Think of this as an official starting listing price set by the courts.
The idea is to give both buyers and the estate protection from unfairly low sale prices. The approved appraisal sticks until the home sells.
Step 3: Listing and Marketing
With an executor appointed and a listing price in place, it’s time to list the home for sale. Probate properties are almost always sold as-is so don’t expect anything extra here.
The executor uses their agent to list the home on the MLS and start marketing it.
Step 4: Court Confirmation Hearing
An accepted offer doesn’t automatically mean the home is sold. Next, the executor takes the sale to court to confirm everything was done properly.
Interested buyers will be notified of the sale and given an opportunity to buy the home at auction. Often the court sets minimum overbid amounts (usually 5% more than current offer).
Step 5: Closing
If the court approves the sale, the closing process begins. Probate sales take about 30-45 days to close just like traditional home sales. Estate debts are paid off first with any remaining proceeds released to the heirs.
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How To Make the Sale Hassle-Free
There are ways to simplify the probate process and make it much easier on everyone.
Keep these tips in mind to save time and stress.
Partner with professionals who know probate. Real estate agents and attorneys who regularly work with probate estates are invaluable. They know what needs to happen and when. If the current agent doesn’t specialize in probate, find one that does.
Don’t wait for the appraisal. Step 2 of the probate process can take a while. The longer the wait to get the house appraised, the slower the sale will progress. Speed is your friend.
Sell to a cash buyer whenever possible. Mortgage contingencies kill probate timelines every time. Offer the home to cash buyers first and move on if the price isn’t right.
Make sure heirs are communicating. If siblings can’t agree on anything, probate will feel like it takes forever. Get everyone on the same page early and update them regularly.
Stay ahead of deadlines. The probate waits for no one. Miss a deadline and the process could be looking at weeks or months of delay. Mark due dates on the calendar and treat them seriously.
Common Probate Mistakes To Avoid
As with any complex legal process, homeowners make mistakes that cost them during probate.
Here are the 5 most common pitfalls to avoid.
Neglecting the property. Don’t expect the home to sell itself just because it’s in probate. The property still has to be maintained until it sells. Grass should be mowed, windows cleaned, and yard secured. Neglect drains value.
Overpricing the home. Trying to list a home for more than the probate appraisal allows is pointless. Prices above the appraised value will stagnate on the market. Accept that the home is worth X amount and price accordingly.
Forgoing legal guidance. Probate laws vary wildly from state-to-state. Just because something worked for someone in California doesn’t mean the same applies in Florida. Work with attorneys that know the state’s laws backward and forwards.
Misunderstanding tax liability. Homeowners might be required to pay taxes on inherited property that weren’t expected. Speak with a CPA ahead of time to understand the responsibilities and plan accordingly.
Bringing It All Together
Probate property sales are never easy, but they don’t have to be horrible.
The key to a successful probate sale is knowing what to expect ahead of time. Plan out each step, line up the team, and understand the responsibilities.
Here’s what to remember:
- Probate properties require court approval to sell
- Expect the process to take several months minimum
- Engage a probate-experienced team early to avoid setbacks
- Cash buys offer the quickest way to close on probate sales
- Communication with the executor and heirs is critical
Probate property sales don’t have to be stressful with the right preparation. Homeowners who educate themselves on how everything works are ready for whatever comes their way.
