Selling a house that is in probate

Who can actually sell a house in probate?

Usually the executor named in a will, or an administrator the court appoints when there is no will. That person holds the legal authority to act for the estate. Family members who will inherit the house typically cannot sell it on their own until that authority is in place.

In some states or cases the court must also approve a sale. The rules differ by state, and we are not attorneys. We follow your estate attorney's lead on what is allowed and when.

How do you fit around the court process?

We do not ask the estate to skip any steps. We can have the conversation early, so the executor knows what an offer would look like, and then wait until the authority and any approvals are in place. The purchase can be built to match, whether that is a Subject-To takeover of an existing loan or other terms.

The house can stay as it is, with belongings inside. You do not clear it out, repair it or list it.

What should the executor have ready?

• The court document that names you as executor or administrator, often called letters testamentary or letters of administration.
• The contact details of the estate attorney.
• The property address and, if there is one, the latest mortgage statement.
• A list of the heirs, so everyone with a stake is part of the conversation.

If you do not have these yet, start the conversation anyway. We will tell you what we need and when.