ProbaTE aTTORNEY

When an individual passes away without leaving a will, their estate is handled in the local probate court. This process, known as an estate sale, involves the sale of the deceased person’s home. Typically, the executor of the property will hire a real estate agent to market the property, just as they would with a traditional sale. It is crucial for heirs to have a clear understanding of the probate process and its necessity.

The estate representative, with the assistance of their probate attorney, will request the court’s confirmation of the sale. The probate court oversees the process and follows the procedures established by each state. In an estate sale, the executor generally does not make any repairs or improvements to the property before closing. To navigate the probate sale process effectively, it is advisable to seek guidance from an experienced specialist realtor.

To avoid overpaying in a bidding war, it is important to establish a maximum price you are willing to pay for a probate house. If you are considering purchasing a home that is in the process of probate, it is recommended to hire an experienced probate lawyer or real estate agent. The probate attorney or estate representative will hire a local real estate agent, sign a listing agreement, and showcase the property, just as they would with a traditional listing. It is essential to carefully review the terms of probate sales, as they can significantly differ from what one would typically expect.

If a probate house doesn’t appraise the full value of your offer, your lender may not agree to proceed with your mortgage. While probate sales can offer potential bargains, they also come with additional risks and charges compared to traditional home sales. In a traditional sale, a loan financing contingency would typically protect you from having to proceed with the purchase if you are unable to secure financing. However, an estate sale involves a longer waiting period and carries several additional risks compared to traditional real estate transactions. The primary advantage of purchasing a home through probate is that they often sell for less than other homes in the area.

In some cases, family members may choose to sell a loved one’s home through probate rather than buying the property themselves or seeking a buyer through conventional real estate channels.

When it comes to estate planning, many individuals desire to keep their final days and plans private. However, in Texas, most probate cases are public affairs and are accessible through public records since wills are public records. This means that anyone interested in your estate plans can view them. To gain a better understanding of the laws surrounding this process, here is a comprehensive guide to probate records in Texas. Probate is the legal process through which a court oversees the validation of a deceased person’s last will and testament, if one exists at the time of their death.