Can You Sell a House Before Probate?

Losing a loved one is never easy — the grief, the memories, and the weight of everything associated with it. Then, in the middle of all this emotional stuff, you've got to figure out what to do with their house.

Trust me, I get it. You're probably thinking, "Can I sell the house now, or do I have to wait?" while trying to make sure everyone in the family gets their fair share. I know it's a lot to handle.

The short answer is that in the majority of cases, a house cannot be sold until probate has been granted. In many cases, the estate may need to go through probate, a legal process that ensures everything is properly managed and distributed.

Let me help you break down the complete process of what exactly probate is, what can be done, and when you can sell the house in probate.

What is Probate?

Think of probate as the legal world's way of making sure everything's handled correctly after someone passes. Basically, it's getting permission to deal with their money, their house, and everything they owned.

If they left a will, they would have named specific people, called executors, to handle their estate and distribute everything according to their wishes. No will? That's okay too! Close family members can ask the court for permission to take care of everything.

Here's the thing about probate that most folks don't realize: Even if you're named in the will as the person in charge, you usually need an official document (called a Grant of Probate) before you can touch any accounts or sell the house. It's like getting the legal green light to move forward.

When Is A Grant of Probate Needed?

When selling an inherited home for quick cash, it’s important to recognize several key considerations. Most financial institutions and companies require a Grant of Probate before granting access to estate assets. There are rare exceptions — such as for personal belongings like furniture or cash not held in bank accounts — where probate may not be needed. However, when it comes to real estate, obtaining the Grant of Probate is almost always necessary before you can proceed with a sale or transfer.

Property, on the other hand, almost always requires a Grant of Probate before it can be sold or transferred. While you can list a house for sale before receiving probate, you typically cannot complete the sale until the Grant is issued. Because probate applications can take time and some executors choose to start marketing the property early to speed up the overall process.

However, others prefer to wait until they have the Grant in hand to avoid potential complications.

In most cases, if you’re dealing with property or significant financial assets, a Grant of Probate is essential to ensure that everything is handled legally and smoothly.

When Can You Sell a House in Probate?

Here's the thing about selling a house after someone passes: It's not as simple as just putting up a "For Sale" sign. The law actually puts everything on hold for a bit, including the house, until this whole probate process is wrapped up.

Think of it like pressing pause on everything while the important things get sorted out — figuring out what they owned, paying off any bills they had, and making sure the right people get their fair share.

"But how long do we have to wait?"

I hear this question all the time. Look, to be honest, it usually takes a few months. And during this time, whoever's in charge of handling everything (we call them Executors or Administrators) can't sell the house yet. They need to get the official okay first.

But hold on, there's some good news! There are actually a couple of situations where you might not have to wait at all:

• First, if the house was owned together with someone else, like a spouse. In that case, the house automatically goes to whoever's still alive. No waiting, no probate needed. They can sell it whenever they want.
• Second, if the house was put in a trust. If someone set up a trust before they passed away, that's a whole different story. The people in charge of the trust can usually sell the house without waiting.

Marketing a Probate Property Before Probate is Granted

While you cannot legally sell a probate property until probate is granted, you CAN put it on the market to attract potential buyers. This helps speed up the overall process, as securing a buyer early on may reduce delays once probate is approved. It's like getting a head start — by the time the legal formalities are done, you might already have a buyer lined up.

However, it’s essential to clearly state in all marketing materials that the sale is subject to probate. What it means is that it cannot be completed until the necessary legal approval is obtained. This ensures transparency and prevents misunderstandings with buyers.

Why do some buyers actually prefer probate properties?

When a house is in probate, there's usually no chain of buyers and sellers to deal with. However, there can still be some waiting around while the probate gets done.

Additionally, professionals often have access to a government portal that can expedite the probate application, helping to move things along as quickly as possible.

How Can We Help?

At Sell Then Stay AZ, we make the probate process easier and faster while letting you access your home equity for quick cash. Whether you need help applying for probate, understanding if probate is necessary, or want to hand over the entire estate administration.

With us, you skip the complications of legal documents. No matter your situation, we provide tailored support for every customer. So, if you’re dealing with an estate and need expert guidance, we’re here to help. Let’s talk. Whether you’re ready to move forward or just exploring your options, contact us today.