Understanding Probate and How It Affects Selling Real Estate in Austin and San Antonio
When a property is involved in probate, the process of selling it can become more complex than a traditional real estate transaction. If you're an executor, administrator, or a real estate professional handling an estate, understanding how probate affects a sale is crucial to ensuring a smooth closing.
While every probate case is unique, the general guidelines below will help clarify what to expect when selling a home that is part of an estate.
The Probate Process and Selling Real Estate
One of the most common probate scenarios occurs when the deceased (referred to as the “decedent”) has left a will. The will must go through the probate court before an executor is legally granted authority to handle the decedent’s affairs, including the sale of real estate.
Once the will is submitted to the court and accepted, it is "admitted to probate," and the process officially begins. The court will then issue Letters Testamentary, which empower the executor to act on behalf of the estate. From there, the executor must inventory the estate's assets, settle outstanding debts, and distribute any remaining property according to the will’s instructions.
When preparing to sell a property involved in probate, a title company will typically review the probate case to ensure:
An independent executor has been appointed
The will specifically grants the executor the power to sell real estate
Letters Testamentary have been issued by the court
The estate inventory and appraisal have been filed
If these key elements are in place, the property sale can often proceed without significant delays.
Common Probate Challenges That Can Delay a Closing
While some probate cases move forward smoothly, complications can arise that delay the sale. Here are a few common issues that can affect a closing:
The will appoints a dependent executor rather than an independent executor. This means court approval is required for every step of the estate’s administration, including selling the property.
The will does not grant the executor the power to sell real estate. In this case, the executor must request a court order before proceeding with the sale.
The will fails to name an executor at all, requiring someone to petition the court for an “administration” of the estate. This typically results in added court oversight and delays.
Letters Testamentary have not yet been issued, meaning the probate process is not far enough along to proceed with a sale.
Each of these issues can create roadblocks in selling the property, potentially delaying closing for months.
How to Navigate Probate Real Estate Sales Successfully
If you’re an executor, administrator, or a real estate agent working on a probate sale, the best way to ensure a smooth process is to work with a professional who understands probate real estate transactions inside and out.
That’s where I come in. I specialize in helping executors and administrators navigate the complexities of selling estate properties. From making sure the proper legal steps are taken to coordinating with probate attorneys and title companies, I handle the details so you don’t have to.
If you have a probate property to sell, don’t go it alone—contact me today at (512) 808-3033. Let’s discuss your specific situation and create a plan to get the home sold quickly and for top dollar.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. The probate process varies depending on specific circumstances, and legal requirements may change. Executors and administrators should consult a qualified probate attorney for legal guidance regarding their specific situation.
