Selling An Inherited House Fast: Can a House Be Sold While In Probate?

If there is a family member or heir interested in purchasing the probate property, this can simplify the process and eliminate the need for extensive marketing or negotiations.

the key hung on the door


Matt Lyons


Jan 21, 2021

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The real estate industry is constantly evolving, always finding new ways to thrive. There is rarely a downfall in the real estate market; it consistently generates profits. It is not unusual for house prices to go down; however, they are usually on the rise.

If you purchase a house today with the intention of selling it five years later, you can expect to fetch a good price for the sale. The selling price will likely be much higher than what you initially paid.

However, selling your own house and dealing with an inherited house, particularly one in probate, are different situations altogether.

Selling an inherited house can be a concern for individuals who lack knowledge about real estate matters. The selling timeline and the necessary procedures can be confusing when the property is in probate.

The big question is: Can you sell your house while it's in probate?

Don't worry! We have you covered this time. Selling a house in probate is relatively easy when you have all the necessary resources. However, these resources don't come automatically; you need to take the proper steps to acquire them.

Here we will focus on specific aspects related to selling a house in probate. You no longer have to worry about selling your house. Keep reading to learn about the steps and procedures involved.

What Is The Probate Process?

The probate process involves distributing the properties and assets of a deceased person. This process follows the instructions outlined in the will.

The responsibility for the entire process falls on an executor or administrator. The court determines who will be the executor, and in most cases, the will-maker or property owner has already made that decision.

Challenges arise when the decedent does not leave a will. This is where the probate court's role becomes crucial. The court decides who will inherit the property or assets.

The probate process begins when an executor files a petition with the court and invites all interested parties involved in the process. The role of the executor is essential as they must present an inventory of the descendant's property.

This inventory may include bank accounts, real estate, stocks, and bonds. The executor's final task is to distribute the inventory to the parties entitled to it, while also settling any debts owed by the decedent.

Probate property is meant to be distributed among the descendants or other entitled individuals, but it must follow probate regulations.

Mistakes People Make Selling Probate Real Estate

Real estate professionals are effective in handling property-related matters, whether it's buying or selling. These professionals are valuable resources when it comes to dealing with properties.

However, people often make common mistakes during the probate process, causing them to miss out on the opportunity to sell a house quickly and at an optimal price.

Here are some of the common mistakes people make when dealing with a property in probate:

Hiring Inexperienced Professionals

During probate, you can't navigate the selling process successfully without the help of experienced professionals in the real estate industry. Whether it's a realtor or a property attorney, you will need their expertise and collaboration.

Without their assistance, selling an inherited house quickly becomes nearly impossible. Probate houses come with numerous rules and responsibilities. If you fail to comply with the court's regulations, it will be extremely challenging to achieve your objectives.

While the house-selling process inherently takes time, involving these professionals can make it easier and less stressful for the executor.

Selling A Property Without Authority

Selling a property without proper authority is illegal in any country. Particularly in the case of a house in probate, you do not have the clear authority to sell it. Even if the house belonged to your father, only the court can determine when you gain authority over the real estate property.

While the deceased may have named you as the executor in their will , that alone is not sufficient. When selling probate property, you must adhere to the court's instructions and decisions.

Only after the court grants you the authority, taking all factors into consideration, can you proceed with selling the property.

Mishandling Of The Real Estate Disclosures

Handling real estate transactions requires expertise that not everyone possesses. However, as the executor, you have a responsibility to manage the process. Whether you were appointed as the executor in the will or by the court, you must maintain confidentiality and refrain from manipulating property information.

No one has granted you permission to disclose or manipulate property details. When selling an inherited house, it's crucial to be aware of any issues with the property and provide potential buyers with accurate information.

According to the National Association of Certified Home Inspectors, you must disclose material defects that could impact the house's value and pose a potential danger to prospective buyers.

Following a proper protocol and disclosing information accordingly is vital.

Leaving The House Vacant For An Extended Period

Finding the right buyer for an inherited property is important, but leaving the house vacant for too long can lead to several issues. Even after obtaining court approval, if the house remains empty for more than 60 days, problems can arise.

For instance, insurance companies might revoke important coverage, and the property could sustain additional damages.

Be cautious about these mistakes and remain mindful of your actions throughout the process.

What Should I Consider When Selling Property In Probate?

Selling property in probate involves various considerations. However, with professional assistance or an attorney managing the paperwork, the process becomes more manageable.

Here are some factors to keep in mind when aiming to sell an inherited property as quickly as possible:

Secure The Property

As an executor, it's your responsibility to ensure the property remains secure. Once you become the executor, you gain access to the decedent's inventory. However, you must take on the responsibility of safeguarding the property.

While assessing the property's value, you should keep it secure and regularly inspect it during the probate period.

Obtain Separate Property Valuations

Property valuation plays a crucial role when dealing with probate property. Obtaining multiple valuations can help you determine the property's true worth.

As an executor, you need to itemize the decedent's assets and liabilities to assess the estimated value. Additionally, make sure to settle any outstanding debts before the valuation process.

Consider Capital Gains Tax

In some cases, it may take longer take longer than usual sell the property after the grant of probate. Long awaiting cases may consider the rise of property value according to the market.

In such instances, it is important to consider the Capital Gains tax and any associated liabilities. 

Ways To Sell A Home Fast While In Probate

Selling an inherited house can be a successful and smooth process if you plan carefully. After taking care of the essentials, it's time to explore effective avenues for selling the property.

Here are some simple yet effective methods for selling an inherited property:

Cash Companies

When you're ready to proceed with the selling process, conducting your own search can be time-consuming and burdensome. Instead, consider approaching cash companies specializing in buying properties without hesitation.

Certain cash companies are willing to purchase properties in probate. They operate with pride in the real estate industry, ensuring smooth transactions. The best part is that they buy the house as-is, eliminating the need for repairs or renovations. This saves you both time and money.


Engaging a realtor can be an excellent option if you're willing to pay a commission. This approach allows you to maximize the value of your house, but it requires some waiting time and reliance on the agent.

However, relying on external factors for too long may not be a viable solution when dealing with a house in probate. It's important to make decisions wisely and take control of the selling process.


Another option to sell a house in probate is through auctions. Auctions provide a platform for interested buyers to compete and submit their bids for the property. Auctions can be conducted in person or online, providing wider exposure and potentially attracting more buyers.

Selling through auctions can lead to a faster sale, but it's important to carefully consider the terms and conditions of the auction and seek professional advice to ensure a successful outcome.

Direct Sales to Family Members or Heirs 

In some cases, a direct sale to a family member or heir may be a viable option. If there is a family member or heir interested in purchasing the probate property, this can simplify the process and eliminate the need for extensive marketing or negotiations.

However, it's crucial to ensure transparency and fairness in such transactions to avoid potential conflicts or legal complications.

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June 20, 2023
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