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Can You Sell a House Before Probate in Texas?

Posted on: November 10th, 2017 by , No Comments

Selling a House Before Probate Process is Complete

For those that either inherited a house through a will or assigned as an executor in Texas these people may be looking for information to learn more about selling a house before probate process is complete.

Sell a House Before Probate in Texas?

An important questions is “can you sell a house before probate is granted?” and the legal process is complete ?

Can You Sell an Inherited Property Before Probate?

People who find themselves with an inherited home often times simply do not want to or can not keep it even if they wanted to due to various reasons.  Normally this house is their parent’s home who are now deceased. Listing the house is an option and this could be accomplished by finding an agent who will put the house on the market yet expert advise is needed to answer a common question “can you sell an inherited property before probate?”

When a deceased person leaves a will it is quite likely family members close in relationship have knowledge of this important legal document.  The executor has the obligation to see that the wishes outlined in the will are carried out. Properties part of an estate, such as real estate (land or a house), have to go through a probate process.

Selling a house before probate.

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 serve to guarantee the will is carried out as intended and accordingly this explain why selling a house before probate is not allowed in many states.

In Texas there are some exceptions. There is an alternative to going through the standard probate procedure. This is done by what is known as Muniment of Title. This applies in cases where a will was left but there were no debts secured by real property. This alternative process is done by validating the will in the Texas county court. Upon approval and validation, property titles can be transferred to the beneficiaries.

Another alternative in Texas for anyone considering selling a house before probateAffidavit of Heirship is useful when a property in the estate only amounted to real property that being a house multiple houses. The property titles are transferred to the heirs and involves two individuals who have nothing to gain from the estate and sign the affidavit. From there the document is filed with the county deeds records in the local county where the house is actually located.  This has to be Local and allows to sell a house fast in DFW or other TX cities.

Can You Sell A House Going Through Probate?

Another common question is can you sell a house that is already going through probate?

It may have been discovered that selling a house before probate is not allowed in many states. It is important to really know the laws of the state in which the house resides.

In Texas cities like Dallas Fort worth the answer to the question if you can sell a house going through probate in Texas is yes. Follow the steps 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.

Getting the petition

For the probate petition, it requires some information to be filled in. This applies to both selling a house before probate and selling one during probate. This includes all the details that pertain to the proposed sale. You may also have to outline the method in which the home will be sold. Once completed properly and submitted to the courts you then have to wait for court approval. A sale before this petition will not be considered valid.

This answers the question can you sell a house before probate is granted. It also shows that when it comes to Texas like the other states there are specific rules that must be followed.

texas probate laws

Putt the house on the market

Potential buyers must be told that a sale can only be finalized after court confirmation.

Court Confirmation

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 about this in the local newspaper.

Can An Executor Sell A House Before Probate?

Those who are an executor(s) will come across other types of property.  They have to comprehend all the specifics around their role as an executor.

Being an executor does not simply mean this individual inherits any property.  An executor may be appointed by the courts if not named by the deceased person.

In most cases, probate is needed. If so then the executor or executrix must attend to this either doing it himself or retaining a lawyer to do it.

One of the questions raised by an individual with this responsibility is, “can an executor sell a house before probate?”

It may be that the inheritors of the will want the sale of the house done quickly so they can receive their share of the sale that was allotted to them through the wishes of 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 a house before probate.

Texas for example, is considered to have easier rules to adhere to when it comes to probating.

In Texas, 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.

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