After someone dies, their estate goes through probate. This is a legal process that determines how the property and belongings of the deceased are to be distributed. If you’re a homeowner who has gone through probate, you may be wondering what happens to your house.
In most cases, the house will need to be sold in order to pay off the deceased’s debts and distribute the remaining assets according to their will. Luckily, there are many things you can do to make this process as smooth and stress-free as possible. In this blog post, we’ll go over some tips for selling a property after probate. Keep reading for more information!
Table of Contents
• What Happens After Probate Is Granted
• What Is A Probate Property
• Can You Empty A House Before Probate
• How Long After Probate Can A House Be Sold
• Payment To Estate Of Deceased
• Tax Implications Of Selling A House In An Estate
• How To Avoid Paying Capital Gains Tax On Inherited Property
• Sell A House Fast After Probate
What Happens After Probate Is Granted?
Once probate is granted, the executor of the estate (the person responsible for carrying out the deceased’s wishes) will have the legal authority to sell the property.
If you’re the executor, it’s important to understand that you are not obligated to sell the property right away. You may want to wait a few months or even years before putting it on the market.
However, keep in mind that waiting too long to sell could result in the value of the property decreasing.
What Is A Probate Property?
Probate property is property that is owned by someone who has passed away. In order to sell the property, the executor of the estate (the person responsible for administering the deceased’s affairs) must obtain a legal document called a grant of probate. This document proves that they have the authority to sell the property and distribute the proceeds.
It’s important to note that probate properties often take longer to sell than other types of properties. This is because potential buyers may be hesitant to purchase a property that is going through probate, as they may be concerned about hidden issues or problems with the property.
Can You Empty A House Before Probate?
There are some instances where it may be possible to empty the house before probate. This is typically possible if the deceased left a will that specifically states that their belongings are to be distributed among their beneficiaries before the property is sold.
How Long After Probate Can A House Be Sold?
There is no set time frame for how long after probate a house can be sold. However, it’s important to keep in mind that the sooner the property is sold, the sooner the debts of the deceased can be paid off and the remaining assets can be distributed. In most cases, it’s best to sell the property as soon as possible.
Selling Property After Probate Granted
If you’re hoping to sell your probate property quickly, there are a few things you can do to make it more appealing to potential buyers.
1. Obtain a property valuation: Before you list your probate property for sale, it’s a good idea to get a professional valuation. This will help you determine the fair market value of the property, which will in turn help you set a competitive asking price.
2. Make any necessary repairs and improvements: This will make the property more appealing to potential buyers and could help you sell the property more quickly.
3. Declutter and stage the property: This means getting rid of any personal belongings and furniture that might be left behind, as well as cleaning and decluttering every room in the house.
4. Set a competitive asking price: When setting an asking price, it’s important to be realistic. You can use the property valuation you obtained as a starting point, but be sure to factor in any repairs or improvements that you’ve made to the property.
6. Market the property: This can be done through a variety of channels, including online listings, open houses, and print advertisements.
Payment To Estate Of Deceased
Once you’ve found a buyer for your probate property, the next step is to negotiate a sale price. Once the sale price has been agreed upon, the buyer will typically pay a deposit, which is usually 10% of the purchase price. The remaining balance is typically paid within 30 days of the sale.
After the sale has been finalized and the funds have been transferred to your account, it’s important to remember that you are not allowed to keep the money for yourself. The funds must be used to pay off any debts of the deceased and to distribute the remaining assets according to the terms of the will.
Tax Implications Of Selling A House In An Estate
If you’re selling a property that is owned by an estate, it’s important to be aware of the potential tax implications.
In most cases, the proceeds from the sale of a probate property will be subject to capital gains tax. This is a tax on the profit made from selling the property, and it’s important to factor this into your asking price.
You may also be responsible for paying other taxes, such as inheritance tax or stamp duty land tax. These taxes will vary depending on the value of the property and your personal circumstances.
How To Avoid Paying Capital Gains Tax On Inherited Property?
If you’re selling a property that you inherited, there are a few things you can do to avoid paying capital gains tax.
1. Sell the property within 12 months of inheriting it: If you sell the property within 12 months of inheriting it, you’ll be eligible for what’s known as the “rollover relief” exemption.
2. Use the property as your primary residence: If you live in the property for at least two years before selling it, you’ll be exempt from paying capital gains tax.
3. Gift the property to a spouse or civil partner: If you gift the property to your spouse or civil partner, they will be exempt from paying capital gains tax on it.
4. Donate the property to a charity: If you donate the property to a registered charity, you’ll be exempt from paying capital gains tax on any profit made from the sale.
Sell A House Fast After Probate
If you need to sell your probate property quickly, ASAP Cash Offer can help. We’ll make you a fair, all-cash offer on your probate property, and we can close the sale in as little as 7-28 days.
To learn more about selling your probate property quickly, contact us at (805)427-8312 today. We’ll be happy to answer any questions you have and provide you with a free, no-obligation cash offer.