Can I sell a house before, during, or after probate?

A house can avoid probate if it has been passed on to a survivor via a living trust, joint ownership, or a transfer on death deed.  If not, the property will usually end up in the probate process regardless of a will. 

Before

The quick answer is no, you cannot sell a house before probate. The probate process is to prevent fraud after someone dies.  You do not own the house and it is not yours to sell until the property has started the probate process and the personal representative has been granted the right to sell the decedent’s property.

During

Yes, in most cases you can sell a property during probate and the shares be split amongst the heirs of the estate if the probate court has granted permission. Also called an executor in many states, the personal representative is then able to sell the property with probate oversight.

Process of selling a home in probate:

• Obtain a certified appraisal
• File a petition with the court asking for permission to sell the home, if required
• Upon approval from the court, list the property on the market with a realtor that understand the probate process
• Accept an offer
• Make sure there is enough to pay the parties involved in the sale of the property like the realtor, appraisers, repair contractors, insurance, etc.
• Close the sale

After