Probate
The court process of settling a deceased person's estate, including transferring real estate to heirs. Can add months to a sale if the property is going through probate.
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Why a seller cares
A home in a deceased person's name cannot be sold until the estate has the authority to sell it, and that is probate. It adds months, sometimes a court's approval of the price, and the buyer's contract will say the sale depends on it.
Part 2 of 4
A simple example
Your mother's home is in her name. The court appoints you personal representative in month three, and the sale closes in month six.
| Where the estate is | What can happen with the sale |
|---|---|
| Nobody appointed yet | It can be listed in some states, but not sold |
| A personal representative appointed | It can be sold; some states want the court to approve the price |
| Held in a trust or with a transfer-on-death deed | No probate; the trustee or the named person sells |
Probate is the estate getting the right to sign. Until then, the deed cannot move.
Part 3 of 4
What people get wrong
That the heirs can sell right away. The estate sells, through whoever the court names, and the court sets the pace.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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