Inherited a home

When you inherit a house, it might be tempting to sell it right away, especially if you don't plan to keep it. However, selling a house before probate is generally not allowed because the law needs to ensure the deceased’s last wishes are followed according to their will.

If the house is part of the deceased's estate and you're the executor, you're responsible for ensuring that the terms of the will are carried out, including any property sales. However, all estate-related property sales usually need to go through probate, meaning you might have to wait before putting the house on the market.

There are a few exceptions to the standard probate requirement:

• Muniment of Title: This process can be used when there's a will and no debts against the property. A local court must validate the will, after which the property can be transferred to the beneficiaries.
• Affidavit of Heirship: Applicable when the estate consists only of real property (like houses), this process transfers property directly to the heirs. It involves filing a signed affidavit by two disinterested parties with the local deeds office.

In some states, like Texas, you can sell a house that’s undergoing probate. Here’s how it works:

1. Appraisal: Get the property valued by an independent appraiser.
2. Probate Petition: Fill out and submit a detailed petition about the sale to the court and wait for approval.
3. Market the House: Inform potential buyers that the sale needs court confirmation.
4. Court Confirmation: The sale must be confirmed by the court.
5. Public Notice: Advertise the sale in a local newspaper to inform the public.

Another quick option is to sell the house to a cash home buying company:

• This method avoids the need for repairs and realtor commissions.
• You can receive a cash offer quickly and close the sale at your convenience.

We can provide a cash offer within 24 hours and allows you to close the sale as soon as it suits you.