Probate Basics: What Homeowners Need to Know

What is Probate?

Probate is the legal process that takes place after someone passes away. It ensures that the person’s debts are paid and that the remaining property is distributed to heirs. If you’ve inherited a property, you may need to go through probate before selling or transferring ownership.

 

When is Probate Required?

  • If the deceased owned property solely in their name.
  • If there’s no living trust in place.
  • If the estate exceeds your state’s “small estate” threshold.

👉 For a clear overview, check out the American Bar Association’s guide to probate.

 

How Long Does Probate Take?

Probate can take anywhere from a few months to over a year, depending on the complexity of the estate and the state laws where the property is located.

 

Can You Sell a House in Probate?

Yes, but the process is more complicated than a standard sale. Often, court approval is required, and timelines may be longer. This is where having the right guidance is essential.

👉 Learn more from Nolo’s Probate Resource Center.

 

How List First Can Help

If you’ve inherited a home and aren’t sure what to do next, we can:

  • Connect you with experienced probate attorneys.
  • Purchase your home directly to simplify the process.
  • Or help you list it with an agent once probate is complete.

 

Additional Resources


 

LIST FIRST

3626 Fair Oaks Blvd., Suite 100. Sacramento, CA 95864

© 2026 List First Copyright. All rights reserved.

We need your consent to load the translations

We use a third-party service to translate the website content that may collect data about your activity. Please review the details in the privacy policy and accept the service to view the translations.