What comes first, the probate of a will or selling the deceased person's home? 33 Answers as of May 09, 2013

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James Law Group
James Law Group | Christine James
The probate. You cannot sell the home without probate.
Answer Applies to: California
Replied: 5/9/2013
Dennis E. Valentine Law Firm
Dennis E. Valentine Law Firm | Dennis Valentine
Probate would come first. The probate of the will just refers to the administration of the person's estate. The first step in that process is the lodging of the will. The second step is getting someone appointed as the personal representative (PR) of the estate. Both these steps would need to be done before the PR had authority to sell the house.
Answer Applies to: Colorado
Replied: 5/9/2013
Durham Jones & Pinegar | Erven Nelson
They are part of the same process. You need to file the will to start the probate case, and get court approval to sell the house.
Answer Applies to: Nevada
Replied: 5/8/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Probate of the will, as you have no authority to sell the house until a court gives you or someone authority.
Answer Applies to: California
Replied: 5/6/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
Probate comes first. You cannot sell the home without probate. The court has to give letters of administration to the personal representative (which grants that person permission to sell the home). Otherwise realtors cannot sell without having those papers on record.
Answer Applies to: Florida
Replied: 5/6/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    You can't sell the home until someone is appointed personal representative in the probate.
    Answer Applies to: Oregon
    Replied: 5/6/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    First file the probate matter Only the court appointed personal representative of the estate has the right to sell the home
    Answer Applies to: Michigan
    Replied: 5/6/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Probate of the will. Until letters testamentary are issued by the court, who can sign the deed to sell?
    Answer Applies to: California
    Replied: 5/6/2013
    Gates' Law, PLLC | Thomas E. Gates
    You need to initiate probate before you are able to sell the home. The court must appoint the Executor, who then has the legal right to transfer property.
    Answer Applies to: Washington
    Replied: 5/6/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Usually, the probate. But, if the house is not part of the probate, then it could be sold first.
    Answer Applies to: Oregon
    Replied: 5/6/2013
    Mathieu & Ranum, PLLC | Carla Ranum
    If the house is owned by the decedent, the probate must be commenced prior to selling the house to ensure that the personal representative can transfer title to the buyer. The probate does not need to be finalized prior to sale of the house. The foregoing is not legal advice, but provided solely for informational purposes. There may be additional facts, not revealed in the question, that may affect the advice given.
    Answer Applies to: Idaho
    Replied: 5/6/2013
    Law Offices of Frances Headley | Frances Headley
    Probating the will.
    Answer Applies to: California
    Replied: 5/6/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Probate first, so that you have the authority to sell the home.
    Answer Applies to: Idaho
    Replied: 5/6/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    In order to sell the decedent's home, you will need to initiate the probate process. A personal representative needs to be appointed to handle all of the affairs of the decedent. This includes selling the real property. You should contact a probate attorney to discuss your your concerns and to advise you of the probate process.
    Answer Applies to: California
    Replied: 5/6/2013
    Gateway Legal Group | Christian J. Albut
    I there was a will and not a trust, you will have to file for probate in order to be able to sell the home. However, you would have to determine the amount of the estate as a whole first to see if you would even need a probate.
    Answer Applies to: California
    Replied: 5/6/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    A probate process needs to be commenced in order for anyone to have authority to sell the decedent's house. The court appoints someone as Personal Representative of the estate. Only that person can pass on good title to a prospective buyer.
    Answer Applies to: Minnesota
    Replied: 5/6/2013
    Stephens Gourley & Bywater | David A. Stephens
    Generally probate comes first, unless the property was held in joint tenancy.
    Answer Applies to: Nevada
    Replied: 5/6/2013
    Frederick & Frederick PLC | James P Frederick
    If the home is part of the probate estate, then the Will must be probated before anything can legally be done with the home.
    Answer Applies to: Michigan
    Replied: 5/6/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You will need to open an estate before the personal representative can sell the home if the home is only in the name of the decedent.
    Answer Applies to: Michigan
    Replied: 5/6/2013
    Law Offices of R. Christine Brown | R. Christine Brown
    The probate. You must first open a probate estate before the personal representative (Executor) can have the legal authority to sell the residence. Depending on the probate, the personal representative may have to get court approval to sell the residence before a sale can be finalized.
    Answer Applies to: California
    Replied: 5/6/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    In Nevada the probate must be initiated. If a house is to be sold, it can only be sold with court approval.
    Answer Applies to: Nevada
    Replied: 5/6/2013
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    In Oklahoma these generally happen together. The home is quite often sold during the probate as the proceeds may be needed to pay the debts, or because the heirs prefer money over a piece of a house.
    Answer Applies to: Oklahoma
    Replied: 5/6/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Either. It is either sold in probate or distributed in kind to the beneficiaries by deed at the end of the probate. It is usually sold in probate when more than one person will be sharing the asset, as cotenancy creates many issues. Other issues to consider is whether it is specifically bequeathed or is part of the residuary and whether there are sufficient other assets to handle all debts. Thus there is no easy answer to your question. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 5/6/2013
    Ronald Main & Associates | Tracian M. Laignel
    You must probate first
    Answer Applies to: Oklahoma
    Replied: 5/6/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Probate of the Will always comes first because the executor has no authority to sell property until that occurs.
    Answer Applies to: Colorado
    Replied: 5/6/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    When the house is sold, either the owner signs the deed transferring title top the new owner, or if they are deceased, then the executor of their estate is the only person who has the legal authority to sign the deed. Therefore, a probate is first.
    Answer Applies to: California
    Replied: 5/6/2013
    The Krone Law Firm, LLC | Norman B. Krone
    Probate of the Will is the initial step.
    Answer Applies to: Florida
    Replied: 5/6/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The probate of the will. Until the will is legally recognized as the last testament of the deceased, no one has the authority to sell or dispose of any of the deceased person's property. Exception: another person holds joint title to the property or good in which case that person becomes the sole owner and can do with the property or goods as he or she wishes.
    Answer Applies to: Nebraska
    Replied: 5/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Normally a probate action is filed first in order to get the letters of authority necessary to allow the sale of title property, including real estate.
    Answer Applies to: Michigan
    Replied: 5/6/2013
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