What is probate?
The question “can I sell my house while in probate” often arises when a loved one passes away. It sometimes becomes necessary for a court to oversee the distribution of their assets upon their death. They may have left a will or not, but whatever the case, that’s where probate comes in.
Probate is the legal process by which a person’s final debts are settled and legal title to property is formally passed from the deceased to his or her beneficiaries or heirs. In Dutchess and Putnam Counties, the time it takes to complete or finish a probate process is somewhere around seven to nine months. That’s a long time to wait to get the money that you might need ASAP.
Can I sell my house while in probate??
The answer is YES. Selling a house currently in probate might be a lengthy process, but knowing how to do it can help. There are some additional legal steps you have to do but, with the help of an attorney, the property can be sold sooner than you think.
So, what are the steps?
Selling your house is easy if you know who to ask for help and what the procedures are. So, for people who ask, “Can I sell my house while in probate?” Here’s a 3-step plan on how it gets done.
Have your house appraised. Independent certified appraisers or real estate agents who are experts in probates are the go-to choice for many.
While the estate is in probate, obtain the petition to sell your house from the court. Your attorney will file the petition with the New York State Surrogate’s Court. Essentially, it’s a document requesting permission from the court to sell the house while the estate is getting sorted out during probate. If approved, the court will give you permission to sell the house.
Sell your house. List your house with a real estate agent or better yet, talk to a cash buyer like myself. Either way, you’ll have to inform them that the house’s sale will be conditional on approval from the court (since it’s in probate). Typically, there is also a publishing requirement too, that you have to announce the sale in a public place, like the Poughkeepsie Journal or the Times-Herald Record.
The Fastest Way to Sell Your House
With permission from the court in hand, the fastest and easiest way to sell the house is to a real estate investor like myself. Here are some benefits of me buying your house:
Take want you want, leave the rest
Throwing out your loved ones possessions can be painful and heartbreaking. With my service, you can take what you want from the house and leave the rest. No need to rent a dumpster. No need to clean. Just take what you want and leave the rest. Just walk away.
You Don’t Have To Do Any Updates
Often times, near the end of someone’s life, maintenance and upkeep gets deferred. Unfortunately today’s demanding buyers expect new bathrooms, kitchens, flooring and paint. Not having that or rooms that are out of date really drives the price down and lengthens the time it takes to sell. (It’s like a double-whammy) Today’s buyers with their meager savings, don’t have the money to fix up a house. They’d rather buy a more expensive house that’s got exactly what they want with a slightly higher mortgage payment. (Mortgages are a lot cheaper than credit cards!)
You Don’t Have To Make Any Repairs
Again, buyers don’t have ANY extra cash, so they’ll insist that you have every little nit fixed before they agree to buy the house. Every drippy faucet, every sticky window, carpet they want changed, gutters and chimneys cleaned, roofing replaced, decks updated to code… etc. And the worst part is that THIS negotiation comes AFTER you take the house off the market. So… you’re really up against the wall then, and they know it.
I’m not going to ask you to repair a-n-y-t-h-i-n-g.
You Don’t Have To Do Any Painting
It’s not unusual to have tired or outdated paint. But buyers can’t seem to get past seeing it and will run out of the house if they don’t like the color. I know, “it’s just paint” but there are a LOT of people who can’t get past colors they don’t like (have you seen a house-hunting show on TV lately?). And again, they don’t have any extra money to pay for new paint.
You Keep Your Privacy
There will be no pictures of your loved one’s possessions on the Internet for anyone to see. No sign in the yard announcing your business to everyone. No snoopy neighbors walking through the house making judgements.
You Will Sell Your House Fast (saving you money)
How much does your house cost you each month? Taxes? Insurance? Heat? Electric? Upkeep (lawn mowing, snow removal, etc)? Around here – if everything goes smoothly, it typically takes 8-10 months to sell a house through a real estate broker. That’s a lot money going out the window while you wait and hope for the house to be sold. I can buy your house as quickly as two weeks.
You Name The Closing Date
Since I’m buying with my own money (I don’t have to try to get a mortgage) AND I’m buying the house as-is (I’m not going to ask you to fix or change anything), you have the power to pick the closing date.
So, if you have a house in probate that you need to sell, give me a call at 845-592-2493 and let’s talk to see if my service is right for you.