Selling Homes Through the Probate Process

The "probate process" is a term to describe the legal process that takes place when a person passes away without a will and the items of their estate need to be conveyed. It is also a process where certain possessions of the deceased need to be distributed, such as real estate, even when there is a will. The homeowner's property will either be dispersed to the designated owner in a joint tenancy, conveyed to an heir through a will or inheritance rights or sold to satisfy creditors. Because there are so many different variables for the probate process—including varying state laws, tax issues, contested issues, and more—it can be a lengthy procedure, possibly taking years to resolve. 

There is a general list of steps that one takes when beginning probate:

• Hire a probate attorney who can assist with everything listed below
• File a petition with the local court clerk to gain appointment as executor (when applicable)
• Take inventory of the estate 
• Ensure that all creditors are notified
• Manage income and assets (if appointed executor of the estate)

We highly recommend hiring an attorney to help you through the probate process to ensure your interests are protected. You can benefit greatly from having a real estate agent who is also an attorney to sell assets in tandem with your probate attorney.

Sean Carlino is both an agent and an attorney. While he does not provide legal advice or services that you will be receiving from your probate attorney, he can contribute legal knowledge on the sales side to ensure a safe experience for your assets without having to pay your attorney additional hours to do everything, effectively cutting costs while getting all the professional guidance you will require.

The ideal situation is to have a probate attorney to work with you through the legal process, and a real estate agent with working knowledge of the sale of assets in the probate process, to provide valuable guidance while taking steps to maximize the value of your asset. In this case, you will benefit from a streamlined process with two parties who understand the entire probate process's intricacies to protect your interests while minimizing costs for you.

Probate can become a long, tedious, emotional, and stressful period. Which is why working with Sean, a real estate agent who is also a licensed attorney, is ideal to help break down the process and provide valuable information and guidance.

Disclaimer: Esquire Property does not provide probate legal services, and thus this should not be taken as legal advice. We are involved in the process of selling the assets, not litigating. Please reach out to Sean Carlino, Esq. for more information.