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
- Nolo – Probate Basics
- Cornell Law – Probate Definition
- American Bar Association – Probate Resources