When dealing with the loss of a loved one, navigating the probate process can feel overwhelming, especially when real estate is involved. This page provides essential information about the probate process, its impact on real estate transactions, and resources to help you through the journey.
Probate is the legal process of administering a deceased person’s estate, which includes:
When real estate is part of an estate, the court oversees its distribution. The steps typically include:
Establish if the property is part of the probate estate. For example, properties held in joint tenancy with rights of survivorship or in a trust may bypass probate.
The court may require an appraisal to determine the property’s fair market value.
Estate debts, such as mortgages or property taxes, must be settled before transferring or selling the property.
Depending on the will and court approval, the property may be sold or transferred to heirs.
Selling probate property requires careful compliance with legal procedures. Here’s an overview:
Executors or administrators may need court permission to sell the property.
Working with a probate attorney and a real estate agent experienced in probate sales can simplify the process.
Address repairs, clean the home, and prepare it for appraisal or listing.
Depending on the will and court approval, the property may be sold or transferred to heirs.
Listing probate properties often requires disclosing that the sale is subject to court approval.
Offers may require court confirmation, and some states, including Texas, have specific procedures for approving sales.
Once the court approves, the transaction can proceed like a standard real estate sale.
Agents with probate experience can navigate unique sales requirements and attract buyers.
Attorneys ensure legal compliance and can expedite court filings, minimizing delays.
Here are resources for probate courts in Dallas and surrounding counties:
No, properties with designated beneficiaries, joint ownership, or held in a trust can avoid probate.
In Texas, the process can range from a few months to over a year, depending on the estate’s complexity.
Not always. Court approval is generally required unless the will specifies otherwise, or the estate qualifies for independent administration.
Born and raised in the Dallas Metropolitan area we know the locality from the inside out and use our passion for service as fuel to go above and beyond to meet and exceed client’s needs and deliver personalized realty services. Contact us today.