Sell a House in Probate

How to Sell Real Property in a Probate Case

When someone dies and leaves behind real property (like a house or land), that property often needs to be sold as part of settling their estate. If the estate is in probate, special steps must be followed to sell the property legally. This summary explains, in simple terms, how to sell real property during a probate case.

Who Can Sell the Property?

Only the personal representative (also called the executor) of the estate can sell the property during probate. This is the person approved by the court to manage the estate. They are responsible for taking care of the estate’s business, including selling any real property if needed.

Selling a house in an estate? Watch this video.

Step-by-Step: Selling Real Property in Probate

1. Get Court Authority

Before selling the property, the personal representative must have legal permission. This comes in the form of Letters of Authority issued by the probate court. These letters give the representative the right to act on behalf of the estate.

Sometimes, the court will require the representative to get specific approval to sell the property. This usually happens if the probate is supervised, meaning the court is more involved in the case.

2. Hire a Professional (Optional but Helpful)

The personal representative can choose to work with a real estate agent to list and sell the property. A licensed agent can help set the right price, market the home, and work with buyers.

3. List the Property and Accept an Offer

Once the property is listed for sale, buyers can make offers. The personal representative reviews the offers and accepts the one that is best for the estate.

If court approval is needed, the accepted offer must be submitted to the probate judge for review.

4. Give Notice to Heirs or Beneficiaries

In some cases, the personal representative must notify the heirs or beneficiaries about the sale. This gives them a chance to object if they believe the property is being sold unfairly or for too little.

5. Get Court Approval (If Required)

If the court is supervising the probate, a hearing may be needed to approve the sale. At the hearing, the judge will decide if the sale is fair and in the best interest of the estate.

6. Close the Sale

After court approval (if needed), the closing process can happen. This is when the deed is signed, money is paid, and ownership officially changes hands.

7. Use the Money to Pay Estate Expenses

The money from the sale goes into the estate. It can be used to pay bills, taxes, and other costs. Whatever is left can be given to the heirs or beneficiaries, as ordered by the court.

Selling real property in probate takes time and care. It’s important to follow the legal steps and stay in touch with the court and interested parties throughout the process. If you need help selling property in an estate or you disagree with the sale of property in an estate. Call us today.

Our local probate attorneys are ready to help you open and manage your case properly.

📞 Call (248)-702-5282 | 📧 Joseph@RadzwionLaw.com | 📍 Serving clients throughout Macomb County, Wayne County, Oakland County, St. Clair County and more.