Probate is a legal process where the last will of a deceased person is determined valid and authentic by the court. During this process, the court appoints an executor who will ensure that all the deceased’s final bills and taxes are paid and the estate’s administration is managed. When it comes to real estate, the executor may seek help from an estate probate lawyer.

If you’re appointed as an executor and thinking about selling the property, you may wonder whether it’s legal. The simple answer to this is yes, you can sell the house, even if it’s in probate. Surely, you’ll have a lot of questions, but you don’t have to worry because here are some of the answers you need:

“How Can My Lawyer Help?”

When you decide to sell a property in probate, you need help from an experienced estate probate attorney. This will make the selling process much easier and less stressful.

Your lawyer will serve as your general advisor during the whole process. They will collect all the documents you need to present to the court. They will also be the ones to draft and file the petition and represent you in front of the judge. Your attorney will also help you solve income tax problems and collect money from the deceased person’s life insurance.

“Who Will Benefit From the Sale?”

Once the property is sold, you should remember that the proceeds from the sale may not be distributed exactly how you want it. The court will apply the money to the probate costs and estate debts.

If there’s still a remaining amount, the lawyer will split it among the beneficiaries named in the will. If there are no names indicated in the deceased person’s will or there’s no will to start with, the court will determine the property distribution according to the state laws.


“Are There Any Issues I Might Encounter?”

When it comes to the sale, jurisdiction can be an issue. Remember that the house you want to sell is governed by the state in which the property is located. If the house is located in another state, supporting administration may be needed to approve the terms indicated in the sale.

Take note that the probate process will take place in the jurisdiction the property is located in. The good thing about it is that the ruling court doesn’t care where you or the deceased person lived.


“Where Can I Get a Reliable Probate Lawyer?”

As an executor, you can sell the property left by the deceased person, accept an offer, and sell the house even if the probate is still in process. This can be tedious and stressful, especially if you do it alone. Contact us at Craig, Terrill, Hamm, Grossman & Erwin, LLP. Our estate probate lawyer can attend to your needs and make sure that you go through all the right legal processes.