Probate Real Estate Services

✅ Complimentary property evaluation
✅ Coordination with estate attorneys and courts
✅ Work with out-of-state executors
✅ Clean-out, staging, and contractor referrals
✅ Professional marketing and property sale
✅ Investor offers for “as-is” sales
✅ Large network of title and escrow companies
✅ Local market expertise with sensitivity to family dynamics
✅ Licensed in Maryland, Virginia, DC, California, Florida

1. What is probate, and why is it required to sell a home?

Answer:
Probate is the legal process that validates a deceased person’s will and authorizes the executor or personal representative to distribute assets, including real estate. If the home was solely in the deceased’s name, it must go through probate to establish the legal authority to transfer ownership to a buyer.

2. Can we sell the house before probate is completed?

Answer:
A home can be listed for sale during probate, but it cannot be sold or transferred until the probate court grants the representative the authority—typically through “Letters of Administration” or “Letters Testamentary.” A buyer’s offer can be accepted contingent upon court approval.

3. Who is authorized to sell the property in probate?

Answer:
Only the court-appointed personal representative (executor or administrator) has the legal authority to sell the home. This person is named in the will or appointed by the probate court if there is no will.

4. Does the court have to approve the sale?

Answer:
In Maryland and most jurisdictions, court approval may be required, especially if there are disputes among heirs or if the property is sold below market value. However, with Independent Administration, the representative may have more flexibility and may not need court approval for a sale.

5. Do all heirs have to agree to the sale?

Answer:
Not necessarily. If the personal representative is acting within their authority and the sale is in the best interest of the estate, they can proceed. However, heirs must be notified, and they can contest the sale in court if they believe it’s improper.

6. How is the sale price determined?

Answer:
The home should be listed at market value based on a comparative market analysis (CMA) or formal appraisal. Some courts may require a minimum percentage of market value, especially if the sale is being reviewed for fairness to the estate and heirs.

7. Are there special disclosures required when selling a probate property?

Answer:
Yes. Probate properties are generally sold “as-is,” and the seller is typically exempt from completing a standard property disclosure form because the representative may not have detailed knowledge of the home’s condition. However, known material defects must still be disclosed.

8. How long does it take to sell a house in probate?

Answer:
The timeline can vary. While listing and finding a buyer may take a few weeks, the overall probate process typically takes 6 to 12 months, and the sale can only close once the personal representative receives court authority and meets all procedural requirements.

9. What are the costs involved in selling a probate property?

Answer:

• Probate court fees

• Attorney and executor fees

• Real estate commission

• Title and escrow fees

• Any repairs or maintenance prior to sale

• These expenses are generally paid from the estate proceeds.

10. Can I work with a regular real estate agent for a probate sale?

Answer:
It is highly recommended to work with an agent experienced in probate real estate. The process involves legal nuances and timelines that require specialized knowledge to protect the estate’s interests and ensure compliance with court procedures.