Understanding Your Role as
the Probate Representative
When a loved one passes away,
handling their estate can be
overwhelming, especially when it
involves selling a property. As the
probate representative, whether
appointed by the court or the will,
your primary responsibility is to
manage the deceased person’s
assets. If real estate is involved, this
includes selling the property. You
may or may not have an attorney yet,
but rest assured that this guide will
walk you through what to expect in
the probate process and how to
start planning the sale of the home.
Do I Need to File a Probate Petition?
One of the first steps in dealing with
a probate property is determining
whether a probate petition has been
filed. In many cases, a probate
petition must be submitted to the
court, which starts the legal process
of distributing assets. If no petition
has been filed yet, you may need to
consult with an attorney to begin
this process. If you’ve already filed,
you’ll likely be waiting for court
approval to begin handling the
estate’s assets, including selling the
property.
Finding a Good Probate Attorney
and Why You Need One
Navigating the probate process can
be complex, and hiring a skilled
probate attorney is crucial to
ensuring that everything is handled
correctly. A good probate attorney
will guide you through filing the
necessary paperwork, help you
manage the estate’s debts and
assets, and ensure that the probate
process follows all legal
requirements. They can also
represent you in court if any
disputes arise. When looking for a
probate attorney, seek one with
experience in probate law and a
solid track record in your local
jurisdiction. A knowledgeable
attorney can help you avoid costly
mistakes and ensure that the estate
is settled efficiently
Deciding When to Sell the Property
Before you can sell the property, you
may need court approval if the
property is subject to court
oversight. The timeline can vary, but
typically the court must first grant
you authority to sell. If you already
have this approval, great! If not, be
prepared to wait for the court’s go-
ahead. It’s also important to assess
the condition of the property—
whether it’s in good shape or needs
significant cleaning and repairs,
such as in the case of a hoarder
property. This can affect the timing
and strategy for the sale.
Choosing the Right Broker for a
Probate Sale
Selling a probate property can be
different from a standard real estate
sale, so it’s crucial to find a realtor
experienced in probate transactions.
A knowledgeable probate realtor can
help you navigate the complexities
of court approval, work with the
estate’s attorney, and ensure that all
required legal steps are followed.
They will also know how to market
the property, whether it’s in pristine
condition or needs extensive clean-
up.
Preparing the Property for Sale
Once you have court approval and
have chosen a realtor, it’s time to
prepare the property for sale. If the
home is in good shape, you may
only need minor updates or staging.
Perhaps it needs tree trimming and
landscaping. However, if the home
is in disrepair or cluttered with
personal belongings, especially in
hoarding situations, it’s essential to
work with your realtor on a plan for
cleaning and preparing the property.
Depending on the situation, this
might involve hiring professional
cleaners or contractors. Or if it is a
severe hoarder situation it may be
best to sell as is to a cash investor.
Selling a Severe Hoarder Property
If mom was a severe hoarder, the
idea of repairing, and remodeling
can be overwhelming. In these
cases, it may be worth considering
selling the property “as-is” to a cash
investor who specializes in hoarder
homes or distressed properties.
These investors often buy properties
quickly without requiring repairs or
upgrades. Selling to an investor can
speed up the process, saving you
both time and money. This is often
the easiest and fastest way to sell a
hoarder home if you’re looking to
avoid the expense and time of an
extensive remodel.
Setting a Price and Marketing the
Property
With the property ready for sale, your
realtor will assist in setting a
competitive price. Probate
properties often have unique
circumstances that can affect
pricing, so it’s crucial to work with a
realtor who understands these
nuances. If the property is in
disrepair, selling it “as-is” may be the
best option, while well-maintained
homes may attract higher offers.
Your realtor will also handle
marketing, making sure to reach the
right buyers.
Managing Offers and Court
Confirmation (if Required)
When an offer is made on the
property, you’ll need to review it
carefully with your realtor and, if
applicable, the estate’s attorney. In
some probate cases, the sale must
be confirmed by the court, which
means the process can take a bit
longer. Your realtor will guide you
through the offer process, including
any required court confirmations or
overbidding scenarios that may
arise during the sale.
Closing the Sale
Once the offer is accepted and any
necessary court approvals have
been obtained, the next step is
closing the sale. During this process,
your realtor will coordinate with the
title company, buyer’s agent, and the
court, if needed, to ensure all legal
and financial documents are in
order. After the sale is finalized, the
proceeds will go to the estate, and
you can begin the next steps in
settling the estate’s affairs.
What Happens After the Sale?
After the property is sold, the
proceeds are distributed according
to the will or the court’s instructions
if there is no will. As the probate
representative, you will work with
the estate’s attorney to ensure that
all debts are paid and that the
remaining assets are distributed to
the heirs. Selling the property is a
significant step in the probate
process, but there may still be
additional tasks to complete before
the estate can be officially closed.
Finding Support During the Probate
Process
The probate process can be
complicated, especially when it
involves selling real estate. Whether
you’re just starting the process or
are already deep into it, having a
strong support system is key.
Working with a probate attorney and
a qualified realtor can make a world
of difference. Don’t hesitate to seek
help and ask questions along the
way—selling a probate property
doesn’t have to be overwhelming
when you have the right team in
place. If you have any questions
please call Derrick Ruiz probate
broker at 310-308-3174.
Selling Inherited Property: Probate Sales & Trust Sales
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