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Can I Sell a House During Probate?

Nashville Blog 2017 June Can I Sell a House During Probate?
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Can I Sell a House During Probate?

Posted By David Whittaker, Attorney at Law || 7-Jun-2017

Probate is the legal process where a will is validated, an executor or personal representative is appointed to administer an estate, debts are paid, and the remaining assets are passed on to the decedent’s beneficiaries. If you were appointed as an executor (or personal representative) of an estate, you may need to sell the decedent’s home if it was not expressly bequeathed to one or more beneficiaries.

In the above scenario, the home would be sold and the proceeds would be split up among the heirs of the estate. So, can you sell a house during probate? Yes, under the above circumstances. In order to sell a home that is in probate, you must follow strict requirements laid out by Tennessee’s probate and real estate laws.

Here is a general breakdown of selling a home that is in probate:

  • Get the home appraised by a certified appraiser.
  • File a petition with the court, asking for permission to sell the home. When you petition the court, be sure to explain the method of sale; for example, whether you intend to sell at auction or on the open market, and include the appraisal.
  • Do not put the house for sale until you receive approval from the court.
  • Put the house on the market.
  • Accept an offer from a buyer.
  • When you close the contract, make sure the buyer has lined up enough financing to cover all of the costs related to the property.

Can We Sell Before Probate?

Generally, people cannot sell decedent’s homes before probate; most title companies would not be willing to do that. You see, when a probate case is filed, the title company has the legal proof they need, stating that an executor is entitled to sell a decedent’s property. If a title company was to allow someone to sell a decedent’s property and they didn’t go through the proper channels (in this case probate), then the buyers would have the right to sue the title company and the person who tried to sell the house.

Generally, an executor cannot sell a house before probate; they can only sell it during probate, OR the beneficiaries can sell a house after probate has wrapped up. Keep in mind that a house cannot be sold until: the court appoints an executor, or probate is completed, or until after probate has finished.

To speak with a Nashville probate attorney, contact my firm today!

Categories: Probate, Probate Administration

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David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
1616 Westgate Circle, Suite 127, Brentwood, TN 37027 View Map
Call Today: (888) 492-4735
(615) 289-6284
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