What Is A Probate Sale?

When someone dies, they leave behind an estate that contains all of the assets they owned during their life, such as cash, investments and real estate. The legal process through which these assets are sold, or divided amongst heirs, is called probate. If you’re looking to buy a home, you may run across probate sales. These can be unique opportunities to purchase a property.

What is a probate sale?

Typically, a deceased person leaves behind a will that outlines what they want done with their possessions. However, sometimes the terms of a will are unclear, or the person dies without a will, leaving the person’s family to decide how to handle their assets. The courts can also get involved: In real estate, a probate sale is the sale of a home under the supervision of probate court.

real estate attorney or the court to make an offer on the home.

One thing to keep in mind is that probate real estate is usually sold as-is. The previous owner may have been elderly or had health issues that made maintenance difficult. That means that a home inspection is essential, and that you should be ready for unexpected costs to pop up.

Finding comps

Before you make an offer on any home, you need to get a sense for what the property is worth.

The best way to do that is look for comparable homes in the area. Look for houses in the same neighborhood that are of similar size, number of bedrooms and more. Recent sales data can be very helpful in determining how much to offer for the property.

Finding a probate real estate agent

Probate sales are complicated, so a specialized real estate agent with experience can help guide you through the process.

To find a probate real estate agent, your best bet is to ask a probate attorney. There’s a good chance they’ve handled probate sales in the past and can connect you with the real estate agents that they’ve worked with. You can also reach out to local real estate agencies to see if any of their agents specialize in probate sales.

Can probate be avoided?

Yes, it’s possible to avoid probate for your own estate if you plan ahead.

One of the most common ways to avoid the probate process is by creating a trust. If you start a trust and add assets to it, the assets in the trust will skip the probate process.

Another way to avoid probate is to own real estate jointly. If you and a spouse jointly own a home and one of you passes away, the surviving spouse will typically retain full ownership of the home and not have to deal with probate. (This can depend on the intricacies of the house title, so it’s smart to consult an attorney.)

Frequently asked questions

Bottom line

Is a probate sale the right choice for you? If you’re looking to buy a home on the cheap and you have time to wait, it might be. They can be complex, and the homes involved might require some repairs, but you have a chance of scoring a great deal. If you’re a first-time homebuyer or need a home quickly, you should probably avoid probate sales.