How to Sell a Property Before Probate Is Settled
You can sell real estate owned by a deceased person before the completion of probate, the legal proceedings used to confirm a will and appoint an estate representative. If a person dies with a valid will, the executor named in the will typically must go through probate before he can sell estate assets. However, in some emergency situations, the proposed executor can ask the court for permission to sell a particular asset while probate is still in progress.
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Instructions
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Gather documentation to prove the reason for the sale to court. The court has full discretion when considering requests to sell assets during the probate process. For example, if the mortgage is past due and the house is at risk of foreclosure, get copies of the current loan statements from the lender. Other possible reasons the court will allow a sale before probate include the serious medical illness of a primary will beneficiary and debts of the deceased that are threatening estate assets.
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Arrange for an appraisal of the property. An appraisal is a written report by a licensed professional that documents the home's current sale value. Ask the probate court clerk for a list of local appraisers that have the court's approval.
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Get a formal sale offer from the buyer. The sale offer must show how much the property is being sold for.
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Petition the court for preliminary letters testamentary. Preliminary letters are a court document that gives the executor temporary or limited power to perform a transaction for the estate. Ask for a petition for an order to sell real estate if the court does not allow preliminary letters; court rules vary by area. Attach the documentation proving the need for the sale, the appraiser's report and the sale offer. Give the reason why you need to sell the property on the petition and note the attached documents. File the petition in probate court. Attend the court date on the petition.
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Tips & Warnings
Speak to a local probate attorney if you're unsure whether your reason qualifies for a sale before probate.
