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Can You Sell Your Inherited House in Atlanta Before Probate?
Individuals who end up with an inherited home often can’t or don’t want to keep it. It could be their parent’s home where one or both parents are now deceased.
If a will exists chances are a family member who is close to the deceased is aware of this important document. It may be that a particular person is named as the executor in the will. The executor has the duty and obligation to see that the last wishes are fully carried out. When property is involved in the estate, such as a house, this most likely will have to go through a probate process.
Individuals who have inherited a house may not realize that it has to go through a probate process. They may attempt to put the house on the market for sale. If they use a Realtor® to attend to this, an experienced agent will know that the house must go through the “selling a house before probate” process. This is in order for a sale to be legal.
The probate laws are in place to ensure that the wishes of the deceased are carried out as intended. This is the main reason why selling a house before probate is not allowed in many states.
Luckily, in Georgia there are some exceptions to this. There is an alternative to go through the standard probate procedure via a process called “Muniment of Title”. This is applicable when a will was left but there were no debts secured by real property (e.g., a house or land). This alternative process is done by validating the will in the local county court. Once the court has approved the validation, property titles can be transferred to the beneficiaries.
There is also another alternative that should be looked at in Georgia (this is not considered to be legal advice and consultation with a local attorney versed in probate matters is highly recommended…we can recommend several that provide free consultation). This is for those who are looking at selling a house before probate. This is called Affidavit of Heirship. This can be utilized if the property in the estate only amounted to real property (e.g., a house or land).
With this process the property titles are transferred to the heirs. It requires two individuals who have nothing to gain from the estate sign the affidavit. Once this is done this document must then be filed with the deed in the local county where the house is located.
Can You Sell an Inherited House Going Through Probate?
The next question that often is raised is can you sell a house that is already going through probate?
As discussed above, it can be improper to sell a home before probate unless certain legal remedies are taken. It is important to know the laws of the state in which the house resides. It is best to contact a local attorney versed in probate matters for guidance (we can recommend several that provide free consultation).
The answer to the question of whether you can sell a house going through probate is yes in some cases. There are specific steps that must be taken in order for the sale to be legitimate.
- Getting a property appraisal
- The property has to be appraised by an independent certified appraiser. Often an experienced Realtor® in probate sales will be able to recommend one.
- Obtaining a probate petition
- The probate petition requires pertinent sale details, and occasionally the method in which the home is to be sold. This applies to both selling a house before probate and selling one during probate. Once completed and submitted to the courts, you then have to wait for court approval. A sale before this petition is approved will not be considered valid, and can be undone via further court order.
- Putting the house on the market
- Potential buyers must be told that a sale can only be finalized after court confirmation.
- Court Confirmation of Sale
- Buyers will have to obtain confirmation of the sale from the court handling the probate case.
- Local Newspaper advertisement
- The public must be informed about the sale that has taken place during the probate period. This is done by running an ad in the legal organ of the respective county, usually the local newspaper.
Can An Executor Sell an Inherited House Before Probate?
First, the executor’s role has to be understood.
Being an executor doesn’t mean this individual inherits any property. Sometimes an executor is named by the deceased. In the event that one is not named, the court may appoint one.
In most cases probate is needed. If so then the executor or executrix must attend to this either personally, or retaining a lawyer.
One of the questions raised by an individual with this responsibility is, “can an executor sell an inherited house before probate?”
It may be that the inheritors of the will want the sale of the house completed quickly so they can receive their share of the sale allotted in the will.
Throughout most states the probate rules and regulations are pretty much the same. There are some differences that do exist in some of the states about selling an inherited house before probate.
Georgia for example, is considered to have easier rules to adhere to when it comes to probating.
In Georgia, the will can direct the executor to go after independent administration. This makes the process much easier. It gives more freedom to the executor outside of the control of the court. If this is granted, the executor does not have to ask permission from the court to sell the house named in the will.
Sell Your House to 2 Fast Homebuyers
Another option is to sell an inherited house to a cash house buying company, such as 2 Fast Homebuyers. You won’t have to worry about any repairs, you save thousands on agent commission costs and you can receive a no-obligation cash offer in just 24 hours.
2 Fast Homebuyers gives you a cash offer within one day and you can close whenever works best for you. You can have your metro Atlanta house sold in a week!
If you need to sell your metro Atlanta area house fast and would like to get a no-obligation cash offer, call us now at 706-247-0228. Whether you decide to sell your house to us or not, we would like to help answer questions you might have about the process.
Get a Cash Offer Within 24 Hours
Lucky for you, we buy houses in Georgia.
Our customers comment all the time about our soft approach. You won’t get a hard sell with us. If you are not completely satisfied with the offer we make to buy your house, you don’t have to accept it. No charge. No fees.
We’d love to talk to you today about the house and your situation. We’re here to help even if you decide not to sell your house.
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