What Is Probate and How Does It Work?

Probate is the legal process of settling a deceased person’s estate, ensuring debts are paid and assets are distributed. It involves filing paperwork, notifying heirs, paying creditors, and transferring ownership of assets according to a will or state law.

Do I Need a Probate Attorney, or Can I Handle It Myself?

You may not need an attorney for simple estates with no disputes, but if there are multiple heirs, debts, or complications, legal guidance can help avoid costly mistakes.

How Long Does Probate Take?

Probate can take anywhere from a few months to over a year, depending on state laws, estate complexity, and whether there are disputes among heirs.

What Happens If There’s No Will?

If there’s no will, the estate goes through intestate succession, where state laws determine who inherits, usually starting with the spouse and children.

What Are the Costs of Probate?

Probate costs include court fees, legal fees, executor fees, and other administrative expenses. Costs vary but typically range from 3% to 7% of the estate’s total value.

What Should I Do First After Inheriting a House?

Secure the home, gather important documents (will, deed, mortgage info), notify utility companies, and assess the property’s condition before deciding whether to sell or keep it.

Do I Have to Pay Taxes on an Inherited House?

In most cases, there’s no inheritance tax, but you may owe capital gains tax if you sell the home for more than its appraised value at the time of inheritance.

Can I Sell a House During Probate?

Yes, but it depends on state laws. Some require court approval, while others allow an executor to sell without restrictions. Working with an experienced probate home buyer can streamline the process.

What If the Inherited House Has a Mortgage?

If the deceased had a mortgage, payments must continue. Heirs can assume the loan, refinance, or sell the home to avoid foreclosure.

How Do I Avoid Family Conflicts Over an Inherited House?

Open communication, mediation, and clear documentation help avoid disputes. Options include selling the home and splitting proceeds or one heir buying out the others.

Should I Sell or Keep an Inherited House?

Selling is best if you don’t want maintenance costs, while keeping the home makes sense if it has sentimental value or rental income potential.

How Do I Sell a House in Probate Without a Realtor?

You can sell directly to a cash buyer, which avoids realtor fees, repairs, and months of waiting. This is ideal for a fast, hassle-free sale.

What Repairs Should I Make Before Selling an Inherited House?

If selling on the market, focus on minor updates like paint and landscaping. If selling to an investor, you can sell as-is without repairs.

How Do I Sell an Inherited House Fast?

Selling to a cash buyer eliminates delays from inspections, financing, and repairs, allowing you to close in as little as 7–14 days.

How Do I Handle a House Full of Stuff After Someone Passes Away?

Hire an estate cleanout service or hold an estate sale. You can also donate, sell, or hire a junk removal company to clear out unwanted items.

What If There Are Multiple Heirs and We Disagree?

If heirs can’t agree, mediation or a partition sale (court-ordered sale) may be necessary. Selling quickly can help prevent legal battles.

Can I Rent Out an Inherited House Instead of Selling It?

Yes, but consider the costs of maintenance, property taxes, and managing tenants before deciding if renting is a good option.

How to Transfer the Title of an Inherited House to My Name?

You’ll need to complete probate and file a new deed with the county recorder’s office to transfer ownership.

How to Avoid Probate Altogether?

Setting up a living trust, adding a transfer-on-death deed, or co-owning with joint tenancy can help bypass probate.

What Happens If There’s a Lien or Debt on the Inherited House?

You must settle outstanding debts before selling or refinancing. If debts exceed the home’s value, you may negotiate with creditors or explore a short sale.

Selling A House In Probate or Inherited Property?

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“I’m overwhelmed by all the paperwork and legal jargon. It feels like I need a law degree to understand this process.”
“I thought I could handle probate on my own to save money, but I’m in over my head.”
“We tried using online legal forms, but they didn’t cover our specific situation.”
“Dealing with family conflicts over the will while trying to grieve is emotionally draining.”
“I’m constantly worried I’m making mistakes that could get me in legal trouble as the executor.”
“I asked family members for help, but no one really understands the process either.”
“We hired a general practice lawyer, but they seem just as confused about probate as we are.”

Whether you’re navigating probate, selling property, or handling repairs…

We have the experience and resources to help.

We assist with property clean-outs, junk removal, locksmith services, and other services that traditional probate attorneys may not provide.

If you decide to sell the property, we can buy houses in any condition, so you don’t need to make any repairs or clean anything.

We understand the emotional complexities of probate and provide compassionate, respectful assistance every step of the way.

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How it works

FREE Resources

We can assist with any questions you have and take advantage of our free resources. We can help to guide you through every step.

We Buy Houses As-Is

We buy property as-is. So if you decide to sell the property, we can buy houses in any condition, so you don’t need to make any repairs or clean anything.

Various Services

We can help connect you with any services you may need. Use our network of professionals and resources to help you through the process so you can focus on your family.

Frequently Asked Questions

General Probate Questions

What Is Probate and How Does It Work?
Probate is the legal process of settling a deceased person’s estate, ensuring debts are paid and assets are distributed. It involves filing paperwork, notifying heirs, paying creditors, and transferring ownership of assets according to a will or state law.
Do I Need a Probate Attorney, or Can I Handle It Myself?
You may not need an attorney for simple estates with no disputes, but if there are multiple heirs, debts, or complications, legal guidance can help avoid costly mistakes.
How Long Does Probate Take?
Probate can take anywhere from a few months to over a year, depending on state laws, estate complexity, and whether there are disputes among heirs.
What Happens If There’s No Will?
If there’s no will, the estate goes through intestate succession, where state laws determine who inherits, usually starting with the spouse and children.
What Are the Costs of Probate?
Probate costs include court fees, legal fees, executor fees, and other administrative expenses. Costs vary but typically range from 3% to 7% of the estate’s total value.

Inherited Property Questions

What Should I Do First After Inheriting a House?
Secure the home, gather important documents (will, deed, mortgage info), notify utility companies, and assess the property’s condition before deciding whether to sell or keep it.
Do I Have to Pay Taxes on an Inherited House?
In most cases, there’s no inheritance tax, but you may owe capital gains tax if you sell the home for more than its appraised value at the time of inheritance.
Can I Sell a House During Probate?
Yes, but it depends on state laws. Some require court approval, while others allow an executor to sell without restrictions. Working with an experienced probate home buyer can streamline the process.
What If the Inherited House Has a Mortgage?
If the deceased had a mortgage, payments must continue. Heirs can assume the loan, refinance, or sell the home to avoid foreclosure.
How Do I Avoid Family Conflicts Over an Inherited House?
Open communication, mediation, and clear documentation help avoid disputes. Options include selling the home and splitting proceeds or one heir buying out the others.

Selling an Inherited House

Should I Sell or Keep an Inherited House?
Selling is best if you don’t want maintenance costs, while keeping the home makes sense if it has sentimental value or rental income potential.
How Do I Sell a House in Probate Without a Realtor?
You can sell directly to a cash buyer, which avoids realtor fees, repairs, and months of waiting. This is ideal for a fast, hassle-free sale.
What Repairs Should I Make Before Selling an Inherited House?
If selling on the market, focus on minor updates like paint and landscaping. If selling to an investor, you can sell as-is without repairs.
How Do I Sell an Inherited House Fast?
Selling to a cash buyer eliminates delays from inspections, financing, and repairs, allowing you to close in as little as 7–14 days.
How Do I Handle a House Full of Stuff After Someone Passes Away?
Hire an estate cleanout service or hold an estate sale. You can also donate, sell, or hire a junk removal company to clear out unwanted items.

Legal & Financial Considerations

What If There Are Multiple Heirs and We Disagree?
If heirs can’t agree, mediation or a partition sale (court-ordered sale) may be necessary. Selling quickly can help prevent legal battles.
Can I Rent Out an Inherited House Instead of Selling It?
Yes, but consider the costs of maintenance, property taxes, and managing tenants before deciding if renting is a good option.
How to Transfer the Title of an Inherited House to My Name?
You’ll need to complete probate and file a new deed with the county recorder’s office to transfer ownership.
How to Avoid Probate Altogether?
Setting up a living trust, adding a transfer-on-death deed, or co-owning with joint tenancy can help bypass probate.
What Happens If There’s a Lien or Debt on the Inherited House?
You must settle outstanding debts before selling or refinancing. If debts exceed the home’s value, you may negotiate with creditors or explore a short sale.

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