Selling Property During Probate

Selling property during probate refers to the process of selling real estate that belonged to a deceased person while their estate is going through probate, which is the legal process of administering the deceased's assets and debts under court supervision.

Key points about selling property during probate:

• Who can sell: Only the personal representative of the estate—often called the executor if named in a will, or the administrator if appointed by the court—has the legal authority to sell probate property. This person is appointed by the probate court to manage the estate and must act under court oversight.

• Court permission: Generally, the personal representative must obtain permission from the probate court before selling the property. This involves filing a petition with the court explaining the reasons for the sale. The court’s approval ensures the sale is in the best interest of the estate and its heirs.

• Process: The sale typically involves:

  • Obtaining a certified appraisal of the property’s value.
  • Listing the property for sale, often "as-is," since heirs usually cannot make repairs.
  • Accepting offers and submitting them to the court for approval.
  • Closing the sale with proceeds used to pay estate debts, expenses, and then distributed to heirs.

• Purpose: Selling property during probate may be necessary to pay off creditors, cover estate expenses, or fairly divide assets among heirs.

• After probate: Once probate is complete and the property is legally transferred to heirs, they can sell it without court supervision.

In summary, selling property during probate is a court-supervised sale conducted by the estate’s personal representative to manage and distribute the deceased’s assets properly. It requires court approval and follows a formal process to protect the interests of creditors and heirs.