Selling the property of a deceased person can be a very complicated process. There are many laws that must be followed to ensure this transaction goes through smoothly and legally, which can make it seem like an insurmountable task for those who aren’t familiar with probate law. The following steps should provide some insight into how probate works in general as well as specific information on selling your parents’ house.
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What is an Estate Sale?
An estate sale is a great way to raise money for the probate process by selling all of the deceased person’s belongings. A probate judge will require proof that every item within an estate has been accounted for, which can be very difficult if there are many different pieces. If everything is sold through an estate sale, this task becomes much easier since the probate court only needs proof that the asset was sold and what price it was sold at.
What Can Be Included?
Anything within the property being probated is included in this type of sale, including both tangible assets (furniture, vehicles) as well as intangible assets (stocks, bonds). Personal items such as clothing may also be considered probate assets because they were used by the deceased person, but this will vary from state to state.
What Will a Successful Estate Sale Accomplish?
A probate court only has jurisdiction over probate assets. Once all of these have been sold and the probate judge is satisfied that all items have been accounted for, the estate sale can be closed and probate can proceed with whatever steps remain. This can include transferring titles on vehicles or closing bank accounts with any remaining funds. Keep in mind that probate does not need to occur immediately after an estate sale, which means you may end up maintaining ownership of a vehicle for a short period before it is probated and transferred into your name.
Should I hire a Real Estate Agent?
The one thing that probate and estate sales have in common is the need for a real estate agent. Since probate law dictates that everything within an estate be sold, you will want to hire someone who has experience with probate cases so they can advise you on how to sell everything but beware of the fees they may incur. If you would like to sell a house and avoid closing costs or Real Estate Agent fees, you might want to sell the house yourself, or sell it to a cash home buyer.
Sell Real Estate Assets One at a Time
Several laws are surrounding not only probate assets but also probate an entire estate at one time. In most states, it’s illegal to withdraw too much money from probated accounts all at once or sell off every item within the same probate case at once because this could result in probating part of the estate without having probated other parts first. It doesn’t matter if a probate sale occurs at once or sequentially, probating an estate is a court-supervised process that requires every step to be documented.
There are many more details involved with probating an estate of a deceased person than listed here, but this should provide some insight into how probate works in general as well as the specific steps for selling probate assets. Once all probate assets have been sold, probating an estate becomes much easier because the probate judge only needs proof that everything has been sold and what price it was sold at. Note that probates can take several months to complete depending on state laws, so it’s important to remember not to make any major financial decisions during this period.
Call Now (818) 651-8166
Why Sell Your Home to ASAP Cash Offer?
- You Pay Zero Fees
- Close quickly 7-28 days.
- Guaranteed Offer, no waiting.
- No repairs required, sell “AS IS”
- No appraisals or delays.
When is probate required?
While probate is typically required, there are some situations where probate can be bypassed. This typically requires the assistance of a probate attorney from a respectable law firm who specializes in probate estate law so they can advise you on which steps must be taken to probate an entire estate. In general, probating a will is much easier than probating an intestate estate since the latter requires more proof that everything within the estate has been accounted for.
To find out if the deceased person co-owned the real estate, first find the deed that transferred the property to the deceased owner. The deed type, which may be titled a quitclaim, grant, joint tenancy, or warranty deed, and other important documents, should state how the deceased person, and any co-owners, held title to the property. That will determine how the property can be transferred.
Below are a few possibilities for how the deceased might have owned the property.
Sole Ownership
If the deceased person owned the property alone, then you can transfer it to yourself as a sole heir. The death of a sole owner does not trigger a title change – it is not necessary to probate an estate or transfer anything through a court.
Joint Tenants With Rights of Survivorship
Joint tenancy with rights of survivorship (JTWROS) is a common ownership form. Each owner has the unrestricted right to use and possess the whole property and it passes to them upon death without going through probate. Probate isn’t necessary, but the title must be cleared by filing a death certificate in any county where the deceased person’s name is still on the property records.
Tenants by the Entirety
When real estate is held by a husband and wife as tenants by the entirety, the death of one spouse will not terminate their joint ownership. The survivor can assume full ownership of the property without probate or other transfer procedures.
Community Property
If real estate was owned as community property, the death of one spouse without a will could result in the loss of the death benefit exemption for the surviving spouse. The advantage to this ownership is that the death of one spouse does not terminate the other’s interest so probate isn’t required. But, it can complicate matters because some states presume that if one spouse dies without a will, the surviving spouse gets the first $150,000 of death benefit plus half of anything over that amount. The death benefit exemption can be increased to $5 million if one person has minor children.
Community Property with Right of Survivorship
Community property with rights of survivorship (CPROS) is less common. This is a legal distinction that allows two spouses to equally share assets through marriage as well as pass on assets to the other spouse upon death without going through probate. This form of ownership requires all real estate held in this manner to have a right of survivorship agreement attached to it, which will let you know how the death benefit will be divided after death.
Tenancy in Common
If real estate is held by tenants in common, the death of one tenant does not transfer ownership to others. To dispose of the death benefit exemption, it has to be handled through probate and a court has to sign-off on it. This type of ownership usually occurs with people who own property as joint owners with different shares. The death benefit exemption can be increased to $5 million if one person has minor children.
Living Trusts and Testamentary Trusts
If the decedent placed his property in a living trust during his lifetime, the death of the trustor does not terminate the trust. The trust generally continues to operate as created, but any distribution of a real estate can be delayed by a few weeks or months. If the property was placed in a testamentary trust, it will have to go through probate.
When do you need a probate lawyer?
Since probate laws vary from state to state, you might need a probate lawyer to advise you on how death benefits can be transferred. In general, it is best if all assets are listed in a will, but death benefits may not always be included.
The death benefit exemption is up to $5 million from the life insurance policy, including death benefits from more than one policy, which is fully exempt. This exemption can be increased to $5 million if death occurred after 2010 and some minor children are the beneficiaries of the death benefit. The death benefit exemption reduces by 50 percent if a will isn’t probated or does not exist when death occurs.
When a death certificate is filed with a county recorder’s office, it begins procedures for transferring real estate owned by an individual who has passed away. Going through probate is only required if the title was held as joint tenants with rights of survivorship or as community property with rights of survivorship. In those two forms of shared ownership, co-owners own both real estate and death benefits from life insurance policies on deceased co-owners.
If real estate was held as tenants in common and death occurs, no transfer of death benefits has to occur because both real estate and death benefit are owned separately. This is why probate isn’t necessary for this type of ownership.
How does selling before the probate process work?
Selling real estate before the probate process is completed doesn’t require prior court approval, but if sales proceeds are to be paid out to multiple heirs instead of just one, someone may have to step forward and become legally entitled. If the co-owner who has passed away owned their share as community property with rights of survivorship or tenants in common, then that person’s interest automatically transfers into the name of the surviving owner without any need for probate proceedings.
If real estate was held as community property without rights of survivorship or tenancy in common, then selling is very difficult because state laws don’t transfer ownership after death. Selling requires all heirs consenting to sell and dividing assets equally between them.
When selling real estate before probate, there is no need to probate the will and an estate has not been opened. If it’s a situation where only one heir wants to sell, then that person can just sign off on the real estate documents and the title will be transferred. If more than one heir wants to sell but can’t agree on a fair sale price, then someone needs to step forward and become legally entitled so they can negotiate for all heirs making sure everyone receives an equal share of assets after sale proceeds are divided.
How do you transfer real estate if no will was written?
If death occurs without a valid, thoroughgoing will in place or the will doesn’t cover real estate ownership issues, then heirs need to follow state laws regarding intestacy succession. If someone made a valid will that doesn’t cover real estate, then property automatically transfers according to the will even if it was written years ago.
If no valid will exists or is found, there are different ways for heirs to inherit real estate. The death benefit exemption of $5 million per person isn’t allowed in intestacy succession unless probate proceedings have begun. A valid probate proceeding filed with the court makes an individual responsible for the entire value of the estate minus specific amounts claimed by creditors. Specific amounts can include funeral expenses, estate taxes, and debts owed by the deceased before death occurred.
Selling house during probate?
If someone who has inherited real estate wants to sell, they can do so as long as the court-appointed executor of the will consents. If all heirs agree, then they can sign off on real estate documents and the title will be transferred.
When selling during probate, the majority of assets must go to creditors since there isn’t yet an executor in place with control over assets. Assets pledged against debts are considered property of the estate; therefore, even if there is a transfer of ownership upon death, assets will become part of the deceased’s estate when debt is repaid by their heirs or beneficiaries after probate proceedings conclude.
What can you expect when selling real estate during probate?
The biggest difference between selling before and after the probate process is that after the court-appointed executor takes control of assets, they must first pay all estate expenses and outstanding debts. If funds remain, then heirs can expect to receive a check for their portion of equity from sales proceeds.
Selling inherited house
If the person who died was a homeowner, you may be faced with an important question: Should I sell the property or keep it? In many cases, there are emotional ties involved and difficult decisions to make. But if you want to learn to sell the real property of their loved ones, this article will help.
In most cases, people choose to keep inherited properties because of sentimental attachments or a sense that they should honor their loved one’s wishes. It’s not unusual for children who have been left a family home in their parents’ wills to rent out the property to offset expenses until they’re ready to move in themselves. While legal advisers can advise on whether renting is appropriate or advisable as part of your succession plan, learning how to sell the property of a deceased person can take some time.
If you do decide to sell an inherited property, different considerations are depending on whether the deceased owner had a will. If they did not have a will or it cannot be found, state laws regarding intestacy succession may apply.
Call Now (818) 651-8166
Why Sell Your Home to ASAP Cash Offer?
- You Pay Zero Fees
- Close quickly 7-28 days.
- Guaranteed Offer, no waiting.
- No repairs required, sell “AS IS”
- No appraisals or delays.
Who has the right to inherit the real estate if there is no will?
In general terms, children of the deceased can claim assets upon death if there is no valid will in place. But what happens when one child wants to keep the deceased person’s house and another child wants to sell? If so, then either family member needs to become legally entitled. The siblings can then negotiate for an agreement that safeguards their respective interests when signing off on real estate documents that transfer ownership.
What does becoming legally entitled entail?
A person becomes legally entitled when they can demonstrate to the court-appointed executor that they are not responsible for the death of the deceased person. If one sibling is responsible for their parent’s death by neglect or abuse, then it would nullify any claim they have to be a beneficiary of the will. In those cases, siblings who want to keep inherited property must file a legal challenge against other heirs who wish to sell so as not to be left out of their rightful inheritance.
In summary, learning how to sell the property of a deceased person involves making decisions based on your circumstances and understanding state laws about intestacy succession. While no two real estate transactions involving probate proceedings are exactly alike, there is almost always something you can do if you need help learning to sell the property of a deceased person.
Need to sell an inherited house? There’s No Need for Real Estate Agents!
The process of selling your deceased parents’ home that was owned by someone who has passed away can be difficult. There are many considerations to take into account and the right decisions need to be made at every step for things to go smoothly. In this article, we have provided you with an overview as well as steps on how best to complete this process so it will not seem overwhelming or confusing. If you would like more information about any specific aspect of what is required during the sell-a-home process after somebody dies, please do not hesitate to reach out, ASAP Cash Offer can most certainly help you! Just Fill up the form below, or call us at (818) 651-8166 and you will receive a fair cash offer for your home within 24 hours, with no hidden fees or closing costs. We want your experience going through this challenging time as smooth as possible.
