Can You Sell Property After Probate?

Probate is the legal process by which a deceased person’s assets are distributed to their heirs or beneficiaries. Once the probate process is complete, the assets become the property of the beneficiaries, and they can do with them as they please, including selling them.

In general, you can sell property after probate administration is started. However, there are some important considerations to keep in mind:

1. Clear Title: Before selling the property, you need to ensure that you have clear title to it. This means that there are no liens, claims, or other encumbrances on the property that would prevent you from selling it. It’s important to work with an attorney and a title company to ensure that the title is clear before selling the property.
2. Taxes and Debts: You may also need to address any outstanding taxes or debts associated with the property before selling it. For example, if there are property taxes owed, they will need to be paid before the sale can be completed. It’s important to work with an attorney and an accountant to ensure that all outstanding taxes and debts are properly addressed.
3. Distribution: If the property is part of an estate that was distributed among multiple beneficiaries, you will need to ensure that all beneficiaries agree to the sale and that the proceeds are distributed in accordance with the terms of the estate plan.
4. Time Frame: Depending on the complexity of the estate and the property, it may take some time to complete the probate process and obtain clear title to the property. It’s important to be patient and work closely with your attorney and other professionals to ensure that the sale is completed correctly.

In summary, you can sell property after probate, but there are important considerations to keep in mind. It’s important to work closely with an attorney, title company, and other professionals to ensure that the sale is completed correctly and that you have clear title to the property.

We have helped hundreds of people sell their real estate during probate; we can help you too! Our office is located at 1100 E. NASA Pkwy #420J, Houston, TX 77058.  Call our office at 832.408.0505 and book your Legal Strategy Session today!