Can you sell an inherited house before probate? On the surface, inheriting a house might sound like a dream come true, especially in today’s real estate market. However, on top of the loss of a loved one, this transfer often comes with complex legal and financial questions, especially if you don’t want the house.
If you’re thinking about selling a house that belonged to a relative, probate is a significant consideration. In most cases, you can’t sell an inherited house before probate, but there are exceptions.
What Is Probate In Terms Of House Ownership?
Probate is the legal estate administration process after someone dies. The law validates the will (if there is one), settles debts, and distributes the person’s assets, including their house, to the designated beneficiary. When there isn’t a will, the state decides on this distribution.
In most cases, the heirs can’t officially sell the house until the probate is complete. That’s because you aren’t technically the legal owner of the property until the court gives you the green light, even if the will clearly says the house belongs to you.
If you have executor authority, you’re in charge of the estate during probate. You can begin the process while the estate is under review with probate court approval and oversight. However, the sale still won’t be official until the probate process wraps up.
What Are the Exceptions?
Can you sell an inherited house before probate? When you ask the court this question, you’ll most likely be told no unless you are a joint owner on the property title.
For instance, many married couples own a home with a “right of survivorship,” automatically passing the deed to the surviving owner. In that case, probate might not be necessary. You could potentially sell the home sooner.
Is the house solely in the deceased person’s name? You’ll probably need to go through probate before selling your inheritance.
Homes held in a trust typically avoid probate.
Exactly What Can You Do With Unwanted Inheritance Property?
Have you inherited a house in Pittsburgh? Do you want to sell it? Here’s what you can do while you wait for the legal property transfer:
- Start the probate process as soon as possible. You submit the will and a petition to the county.
- Address any heir consent requirements. The court requires all heirs to consent to the sale of shared inherited property. A court may need to approve the sale if any heirs contest the transaction.
- Get an appraisal. You’ll want to see what the home is worth.
You can also work with a cash buyer to purchase the property as is, streamlining the entire process.
Call Us for Help With an Inherited Property Sale
The answer to “Can you sell an inherited house before probate?” is mostly no, but you can make the process go faster. For example, you could eliminate the hassles of cleaning, making repairs, and listing by contacting Sell Pittsburgh Now, LLC, while your inherited house is in probate. Call (412) 275-5238 for a fast, free, no-obligation cash offer on your unwanted property in Pittsburgh, PA.