Can I Sell Property While in Probate?

Posted by Kali YostJul 27, 20180 Comments

Can You Sell A House If Probate Has Not Been Granted?

probate
What Is Probate?

Probate is the administration of the assets of someone who is deceased, and it will always be possible to sell the deceased person's house after probate has been granted. If the person who died has a will, the will must be determined to be valid before probate is granted, and this process can take a significant amount of time in some cases.

Is It Possible To Sell A House If Probate Hasn't Been Granted?

There are times when a house can be sold even if probate has not been granted yet. If someone who is still living is a joint owner of the property, this individual can sell the property if they choose to. However, if there is no living person on the deed, it usually will not be possible to sell the property if probate was not granted yet. In some cases, a realtor might not check to see that probate was granted before putting it on the market, but if the property sells, the sale won't go through until probate has been granted.

Are There Exceptions?

It is often possible to sell a property before probate is granted if there is a will, but this is not always the case. In some cases, there is a clause in the will that says that a sale of the property is only possible after probate is granted.

How To Avoid Spending A Long Period Of Time Waiting For Probate To Be Granted:

If you have a lawyer, you can greatly reduce the amount of time that you wait for probate to be granted. An attorney can help you prepare for probate court before you're waiting for it to be granted, and in some cases, this will allow you to avoid having to wait for probate to be granted. An attorney can answer any questions that have about the process as well.

If you are looking for a probate attorney Portland or a probate attorney Oregon, you should choose attorney Kali Yost from Kali Yost Law.