Can you sell a home you inherited before probate in Jacksonville?

If you have recently inherited a house in Jacksonville you may be wondering to yourself “Can I sell this home before probate?“.  In fact, many people have found themselves wondering the exact same thing because they have either inherited a property through a will or have been named the executor of an estate. 

Individuals who find themselves inheriting a home often can’t or don’t want to keep it up but don’t know how to proceed.  It is because of this that they often find themselves asking “Can I sell a home I’ve inherited before probate?“

If the individual who passed had a will there is a good chance that a family member who is close to the deceased is aware or a specific person has been named executor. The executor’s duty and obligation is to see that the last wishes, as outlined in the will, are fully carried out. If a home is involved in the estate it will likely have to go through the probate process.

Individuals who have inherited a house may not realize that it has to go through a probate process and may attempt to put the house on the market for sale. If they use an experienced Realtor to facilitate this, the agent should know that the house must go through the “selling a house before probate” process to keep the transaction legal.

Probate laws are important because they ensure that the wishes of the decedent are carried out as intended and are the reason that selling a house before probate is illegal.

However there is an exception to this rule.  The process is called “Muniment of Title” and this can be used when there are no debts to the estate except for debts secured by real property (i.e. mortgage). Muniment of title is requested by the heir(s) through the courts to confirm that they are the valid heir. When the court approves the validation then property titles can be transferred to the beneficiaries and ultimately sell the property.

There is another alternative that should be looked at in FL (Disclaimer: check with a local attorney to see if this is applicable to FL). This is for those who are looking at selling a house before probate.  An Affidavit of Heirship can be used if the estate only amounted to real property, i.e., a house or houses.  Two individuals who have nothing to gain from the estate sign the affidavit and then the heir can file the affidavit with the deed with the municipality where the house is located.  In FL, if the real property is worth more than $75,000 then it must go through probate. 

CAN YOU SELL AN INHERITED HOUSE GOING THROUGH PROBATE?

Logically, the next most common question is “can you sell a house that is already going through probate?”  The answer simply is that it depends.  Specifically it depends on the state the property is in.  In Texas, the answer to the question of whether you can sell a house going through probate is yes. There are, however, specific steps that must be taken in order for the sale to be legal.

Getting the Property Appraised

Getting the property appraised is an important step in the process.  It must be done by an independent certified appraiser.  Contact us and we will be happy to recommend one.

Probate Petition

This process involves filing information on the home to be sold and requesting approval from the courts.  This process applies to selling a house before probate and selling a house during probate.  Only after it has been submitted to the courts and approved may a home be sold.  A sale prior to this would be considered  invalid. 

If you have found yourself as an executor of an estate or have inherited a property already we will gladly get you started in the right direction.  If you prefer to sell the property we can make an offer in less than 24 hours and many times can close in 7 days or less!

☆ As Is
☆ No Repairs
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If you would like an offer today please fill out the form below.