How to Sell Real Estate During Probate

Despite some minor variations in estate laws and probate procedures from one jurisdiction to another, the process for selling real estate during probate essentially is the same across the United States. Probate includes the process of resolving the estate of a deceased individual. Estate laws and probate court procedures mandate close scrutiny of real estate sales. Consequently, the judge oversees all aspects of the sale of real estate undertaken during probate proceedings. The failure to follow each step of the real estate sales approval process in probate court renders the ultimate sale subject to invalidation by the court.

Things You'll Need

• Real estate appraisal
• Petition to sell real estate

Instructions

1. Obtain an independent appraisal of the real estate from a certified appraiser. Probate law requires an independent valuation of the property before the sales process commences. An appropriately credentialed appraiser can be found in the "real estate services" or "appraiser" categories of most local directories.

2. File a petition to sell real estate. The court clerk maintains standard forms, including a petition to sell real estate. In the petition, request permission to either auction the property or place the property on the open market for sale.

3. Attach the appraisal to the petition as an exhibit.

4. Request an order from the court granting you permission, pursuant to the petition, to sell the real estate. Advise the judge's administrative assistant of the pending petition. She will communicate with the judge the need for an order approving your decision to sell real estate.

5. Schedule an auction or place the property on the open market, as approved by the court.

6. Enter into a contract for sale once a buyer is found or at the conclusion of the auction.

7. Include a provision in the contract for sale canceling the agreement if the probate court does not approve the specific sale.

8. File a petition with the court seeking approval of the specific sale. The clerk can provide a standard form for this type of petition as well.

9. Obtain a court order, just as in Step 4, approving the specific sale from the court following the presentment of your petition.

10. Close the real estate contract, which means complete the deal.

11. Execute a deed transferring ownership of the real estate to the buyer.

Tips & Warnings

• Estate and probate matters rely on complicated statutes and procedures. Seriously consider engaging the services of a qualified lawyer to represent you in such a case, including in regard to selling real estate during probate. State and local bar associations provide directories of lawyers to consumers seeking representation. Contact information for these groups is available through the American Bar Association:

• American Bar Association

• 321 N. Clark St.

• Chicago, IL 60654-7598

• 312-988-5000

• abanet.org

References

• The 'Letric Law Library: What is Probate?
• American Bar Association: Section of Real Property Probate and Trust Law
• "The Complete Probate Guide"; Martin M. Shenkman; 1999

Resources

• Megalaw.com: Probate, Trusts, Wills & Estates State Statutes
• American Bar Association: Directory of State and Local Bar Associations