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Can I Sell My Parent's House before Probate?

Written by Posted On Monday, 06 November 2017 20:46
Sell my parents house in Long Island NY- Learn more about selling your parent’s home in Long Island NY. Sell my parents house in Long Island NY- Learn more about selling your parent’s home in Long Island NY.

Are you wondering about selling your parent’s house?

 

If you’ve been left a property in your parent’s will, this can be a stressful time. Most people choose to sell the house as soon as possible for emotional reasons. Others do so to avoid high maintenance costs and other fees such as property taxes and utilities.

 

The process of administering a person’s estate after their death is called probate. This process ensures that the terms of the deceased will be carried out as written in the Will. If the there is no Will, the government gets to decide who benefits from the deceased’s estate.

 

One question that is frequently asked is: Can I sell my parent’s house before probate?

 

In certain cases, a property can be sold even before probate is granted.

 

If the deceased person leaves a spouse who is on the deed of the property as a joint owner, then the property can be sold if the surviving partner wishes it to be disposed of.

 

However, if only the deceased is named on the title of the property, then probate will be required before the property can be sold.

 

Why is probate necessary?

 

Without the probate grant, there will be no proof of legal chain of ownership from the person who owned the house to the person who wishes to sell it. Until the grant is issued by the court, the executor or the administrator have no power to sell.

 

However, this does not mean that you can’t market the property before probate. You just have to remember that until the grant is issued you cannot effectively enter into a contract or sell the house. The solicitor acting for the buyers of an estate sale will require a certified copy of the grant.

 

If you need to sell the property to cover estate debts or to make it easier to divide up amongst estate beneficiaries, you need to first check the Letters of Testamentary. This is a document issued by a court authorizing the executor of a will to take control of a deceased person's estate.

 

If the documents do not contain a restriction and an estate contains real property, it’s best to first obtain waivers from all interested parties before selling the property.

 

Then you have to check the facts as court involvement in selling real property can vary from case to case.

 

For example, paying off estate debts outside of any mortgage on the property would require the Surrogate’s Court signing off on the sale first.

 

There are some instances where the court may not need to intercede or it may only need minimal involvement. There would be minimal need for court intervention if the property is not subject to any sort of debt and all of the beneficiaries are in agreement. If such is the case, you only need to provide the court evidence that all beneficiaries agree and that the property is being sold at a fair price.  

 

Dealing with the complex issues of a probate sale requires a specialist. With this in mind, it would be advisable to engage the services of a real estate probate agent like me, Rene Perrin.

 

Let me help you!

 

Call me at 516-802-3785 today. With my skills and experience, I can assure you that the sale will go smoothly and that all of the proper procedures are followed.

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René Perrin

René Perrin | Remax Central Properties | 341 Newbridge Road, East Meadow, NY 11554 |  516-802-3785

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