I recorded this interview with Bart Saunders of The Law Office of Saunders & Ankner to talk through the sale of real estate in the probate process. We focused our attention on what would be needed from the court system to allow real property in an estate to be sold. I have listed the simplified questions and answers below but the interview goes into more detail. If you have additional probate and/or estate planning questions, I would suggest reaching out to Bart, he is a great resource.
The Law Office of Saunders & Ankner, PA
As always, if you need help selling a home that is currently in probate or that you have inherited, it would be my team’s honor to help you and your family successfully navigate the sales process.
Sincerely – Mark Ramey
What is the probate process?
The process in which title is transferred from the deceased to the beneficiaries.
When in the probate process can the personal representative list a house in the estate for sale?
When Letters of Administration are issued naming the Personal Representative.
What needs to happen for the sale of the house in the estate to close with a clear title?
An Order from the Judge allowing sale or a Homestead Determination Order.
Can a house be sold before it transfers to the heirs?
Not without an Order from the Judge allowing sale or a Homestead Determination Order.
What is a PR deed?
A PR Deed is typically used when the Judge allows sale of the property before it is titled to the beneficiaries.
When can a PR deed be used to sell a house in probate?
After an Order allowing sale and before final Order of Probate (which typically takes much longer).