Introduction to Probate on a House in Texas

If you have inherited a house, or became an executor/executrix of a will, you need to know what probate on a house is? This is a legal process.

Probate on a house is intended to prove that the will outlines the last wishes of the deceased. If claims against the will arise they will be dealt with through the probate process.

Probate on a house is carried out through a probate court. This court determines if the will is valid. It also verifies the executor has the authority to carry out the wishes of the will. It also gives authority to the executor or inheritor to conduct the probate house sale process if desired.

Probate laws can vary amongst the different states, but usually have much in common.

There also can be some differences. It is important that real estate agents in Texas, or any other state, involved in this type of sale understand these laws.

Selling a House in Probate Decisions

Often the individual who has inherited the house has some mixed emotions when it comes to selling the home.

It could be that it is the home that they grew up in. Now that the parents have passed there is no need for the individual who inherited it to keep a second home.

Still, having to sell the house can be difficult because of the emotional attachment. Then having to go through a probate case, which is a legal undertaking, adds to the stress.

During this time, it is important to be able to rely on the right professionals. They can walk you through the entire process with as little stress as possible. You will need a probate lawyer to handle the probate legalities.

Then you should also rely on a Realtor that has experience with probate house sales.

If you prefer to sell the house quickly, you should get an offer from a local house buying company.

The Probate House Sale Process

The process of probate on a house determines the authority to handle the probate house sale process.

If there is a will then the probate courts determine the authority according to the will.

Without a will then it will be the person filing for probate, or an Administrator volunteer. During this process, those involved must deal with the person who has authority to sell.

First, the probate on a house legalities are attended to. Then the selling a house in probate format is basically the same as any house sale.

The main focus has been on the title issues because of the owner’s death. Now standard sales issues have to be addressed if there are any. These include issues with easements and encroachments.

Or, there could be problems with encumbrances and mortgages that need to be dealt with.

Just like with any standard home sale any repairs that are needed should be attended to.

If this is not possible, then when determining the sale price this should be taken into consideration.

The need for repairs could become a concern during the home inspection. There is a lot to be considered with the probate on a house process and its sale.

Setting the Selling Price for the House

As with all laws, there are acts that dictate how they must be applied. It is the executor who sets the asking price for the house.

This is in accordance with the Administration of Estates Act.

This individual will have the experience of knowing what the house is worth. His opinion will be based  on the current market value for the home. This will be according to comparable value to other homes in the area and its current condition.

Once the price has been agreed upon, it is then listed with a Realtor, or sold to a cash home buyer. This is all just part of the probate house sale process.

Marketing the Property For Sale

A Realtor that is experienced with probate on a house legalities will see that everything is in order. This is done before marketing the property. The marketing process for selling a home in probate is done the same way as any home sale.

Advertising, signage, and multiple listing opportunities will be taken advantage of. The agent will also schedule and attend to the home showing appointments.

If you’d rather avoid going through all of this, you can skip it by calling us to get a no-obligation cash offer to buy the house as-is. Call us at 210-596-9669 today and we can get you an offer within 24 hours.

Offer acceptance

Any offer that is being considered must be at least 90% of what the Probate referee has appraised it at. If this is the case, then negotiations can continue.

A Notice of Proposed Action has to be mailed to the heirs. This is if the offer has been accepted. This is in compliance with the probate selling laws.

Objections must be filed within fifteen days. If they are not, then no court hearing will be held.

Notice of the sale may have to be published in a local newspaper. This is if the executor or Administrator does not have full authority under the IAEA. The same applies if there has been an objection by one of the heirs.

The estate lawyer will apply for a court date for the sale execution.

Probate on a house has a lot of rules that must be followed and the process can be time-consuming, but if it is handled by the right professionals, then in most cases it goes smoothly.

Avoiding Probate on a House

If you end up with a house inheritance and have to deal with a probate house sale process, it may get you thinking. You may be worried about your personal situation. You don’t want to put your loved one through the same stress of selling a house in probate.

Avoiding probate on a house in Texas can be accomplished with some preventative measures. Instead of looking at leaving the standard type will take a look at writing a Living Trust. Your house and other assets are left to a trust. This puts a trustee in authority over them, on behalf of the beneficiaries. This way the house will not have to be probated because it has already come under the authority of the trust.

Another advantage of using the trust is that it eliminates the cost of having to go through a probate. This is a big advantage. Often the fees associated with the probating of a will are based on a percentage of the entire estate.

These are all important factors that you will want to consider when you are seeking out the answers to the what probate on a house is in Texas question.

Summary

When you are involved in a probate on a house you should first begin to fully understand what it entails. Then know which professionals are going to help you the most. Choose experienced experts that can help you through the entire selling a house in probate process.

Sell Your House Fast in San Antonio to Matt Buys Houses TX

If you have probate on a house that the estate is considering selling, why not get a cash offer from Matt Buys Houses TX in San Antonio?

Matt Buys Houses TX is in the San Antonio area so he can make you a cash offer within 24 hours. In just a few days, you’ll be free of your house and able to move on with your life. You’ll have quick cash and can immediately begin prioritizing your financial goals. This is how to sell a house fast in San Antonio.

Sell Your House to a Cash House Buying Company

Another option is to sell your house to a house-buying company. This gives you the best of both worlds! You won’t have to worry about any repairs, you save on commission costs and you can receive a quote in just 24 hours.

Matt Buys Houses TX gives you a cash offer within one day and you can close it whenever you want. Your house can be sold in a week!

If you need to sell your San Antonio area house fast and would like to get a no-obligation cash offer, call us now at 210-596-9669. Whether you decide to sell your house to us or not, we would like to help answer questions you might have about the process.

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Inheriting a house is a bittersweet experience. While you’ve gained new property that can drastically improve your standard of living, you’ve also lost a loved one. Making rational and financially sound decisions while you’re grieving can seem impossible, especially if you’re inheriting a house from a parent.

Yet, with knowledge, guidance, and a little planning, you can make positive life changes in the wake of a heartbreaking loss.

Inheriting a House

When you inherit a home you’re suddenly faced with a multitude of questions you may not be prepared to answer. How do I claim my inheritance? What do I do with the property if it’s in poor shape? Should I move into my loved one’s home, or should I sell it?

Be prepared to commit to many financial and emotional decisions you make when inheriting a house.

Obtaining your inherited property is a straightforward process but can seem overwhelming to those not familiar with it. Before deciding what to do with your inherited house, the estate must go through probate.

Probate is the legal process for settling an estate, usually involving lawyers and other seasoned professionals to help transfer assets and pay off debts. Most states allow a summary probate to occur; this is an expedited process that avoids litigation.

However, that option is for smaller estates – those not exceeding more than the state laws allow. Many estates with property exceed the proposed maximum and must suffer through the regular probate process.

After your inherited property passes probate, it’s yours to do with as you will. But what should you do when inheriting a house? Most heirs have three options: move into the property, transform it into an investment property, or put it on the market. Although all options can be beneficial to a benefactor, evaluating your inherited property will allow you to choose the best one for your financial future.

Moving into an inherited home appeals to many heirs. The property can hold sentimental attachment if you’re inheriting a house from a parent. You also might want to hold onto the property if you’re already a renter and the inherited home is an upgrade to your current residence. However, moving into your loved one’s home isn’t a realistic option to those already paying a home loan, or happy with their current house.

Inheriting a house that is paid off might lead some heirs to travel the rental route. This happens a lot when it comes to houses inherited in San Antonio.

Renting out property can often generate income. But the expenses of maintaining a rental can be overwhelming to new landlords.

Not only do landlords pay for the upkeep of the property, they often need to update an inherited home before renting it out. Old homes can seem outdated to potential renters, so placing a tenant in your inherited home might isn’t guaranteed. Unless you’re willing to take a major risk, the reward for converting your inherited home into a rental property isn’t worth the headache.

Inheriting a house and selling it may be your best option after the initial home evaluation.

Just be careful of the unknowns.

Selling the property not only allows an heir to pay off any debts accrued by the decedent, it also gives the heir freedom from making major repairs that can be costly. If the property needs too much work, selling as-is to an real estate investment firm offers a speedy resolution to a money hemorrhaging home. Getting an inherited home into selling condition might take time, but it offers the smallest amount of risk with the biggest reward.

 

Inheriting Expenses

Inheritance comes in all shapes and sizes. Along with a home, your loved one can leave almost anything behind in a last will and testament: family heirlooms and collectibles, vehicles and motorboats, and sums of money. But did you know the decedent can leave behind unexpected expenses too?

Most heirs don’t realize that inheriting a house and taxes go hand in hand. Although state tax rules and exemptions fluctuate, expect to pay a little something to Uncle Sam once you claim an inherited property. Heirs benefit from a stepped-up basis; they inherit the home at fair market value at the time of the decedent’s passing. This means you’re only taxed on the home’s appreciation after inheriting it. If you make minimal improvements to the property and sell it quickly – with a home buyer for instance – you may avoid a capital gains tax altogether.

What about inheriting a house with a mortgage? Does an heir assume those expenses when claiming the property? The short answer: you only assume a mortgage on an inherited home if you decide to move in or rent it out. If you decide to sell the property during the probate period or soon thereafter, the mortgage can be paid off with the profit of the sale.

On the other hand, if you’ve decided to keep the house, you must transfer the mortgage over to your name and continue payments within the lender’s specified time frame or risk foreclosure. Sometimes an added home loan payment helps heirs choose to sell their inherited house.

Even if an heir decides to sell an inherited home, the property still requires paying for even more expenses. Until the house is sold, expect to pay property taxes, liability insurance, utilities, and general upkeep for maintenance monthly. Unless you have money saved to keep your loved one’s home, these financial burdens can be devastating. Inheriting a house and selling it might be the best option for a property that costs too much to manage.

Inheriting with Siblings

Managing an estate can be complicated when doing it alone. Inheriting a house with a sibling can be much more difficult. If all heirs agree on what to do with the property, the process can be smooth. But what do you do when you and your siblings cannot compromise?

All assets must be divided evenly when inherited to multiple people. This includes property. If the decedent leaves a home to more than one heir, each heir has equal rights to the property. These joint-heirs are considered tenants in common. While each sibling owns a percentage of the property, they’re all entitled to use the entirety of the home. This can be an ideal situation for amenable heirs, but what about siblings that aren’t willing to share?

“Get all the options out on the table with family members,” offers Richard Koreto, contributor to realtor.com’s blog, House Logic. “There may be a creative solution” to an heir disagreement. If a compromise cannot be made, judicial action can be taken but is not recommended. It’s divisive, expensive, and time-consuming.

Losing a family member is emotionally draining. Processing your loved one’s will and sifting through legal documents can add stress to an already anxiety-inducing ordeal. But understanding the litigation and knowing your options might alleviate some of this stress. Inheriting a house in San Antonio, TX doesn’t have to be another financial burden. With the right guide and careful planning, you will know how to handle your loved one’s property with ease.

We Buy Inherited Houses in San Antonio, TX

Matt Buys Houses TX buys inherited houses in San Antonio, TX and can make you a cash offer within 24 hours. You can sell your house fast…really fast. We can close within a couple days if needed. Give us a call today at 210-596-9669 to find out what we can pay for the house. There is not cost for us to make an offer and no-obligation. Why not find out if this option is the right one for you?

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Quite often individuals are left with a family home as a result of the passing of a loved one. This means you’ve likely inherited a house.

In many cases, this means that it is a second home and not one that they wish to keep so they want to sell it. When the Will is going through probate, the heirs often want to sell the house…even while the house is in probate..

Unfortunately, selling a house in probate is not an easy process and can be lengthy and somewhat frustrating.

There are cases where you can sell a house without probate.

Selling a House While in Probate

The individual that will be responsible for seeing that everything that has been outlined in the will is carried out will be the administrator or executor. The executor will be the one that has been named in the will to act as such, and if no one has been named then usually the closest relative is appointed to the administration position which can be done by the court or other close relatives.

Selling a House In Probate

When selling a house in probate it has to go through a series of steps that are regulated by the courts. These regulations may include deadlines as a well as documentation that has to be paid close attention to through the entire real estate in probate sale process. There are many details involved in.

Other individuals that may be involved in the sale of the home is the appraiser, the realtor, and an attorney as well as the courts itself.

Selling a House Before Probate Is Granted

When it comes to selling a house in probate the value of it has to be determined first. This is done through a proper appraisal and most often the realtor that you choose to handle the sale of the property will be able to recommend a proper appraiser. The rules are that the property must sell for at least 90% of what it is being appraised at.

It may not always be necessary to have an independent appraiser as some Realtors are experienced in probate and trust sales, and are considered credible when placing a value on the house. This agent will then usually carry through with listing the house for sale.

You can then go through with. A probate sale is granted beginning with this step.

Selling a House Once Probate is Granted

The big responsibility for selling a house once probate is granted partly becomes the responsibility of the chosen Realtor. This professional will work on this by using many different resources.

It usually involves different segments which include the proper signage as well as different types of advertising placed in different media’s.

In addition to this, the Realtor will hold open houses to encourage other real estate agents and potential buyers to attend. Then when viewings are set up the Realtor will attend to the showings.

These are all important steps that help when selling a house in probate.

Selling a House After Probate

Quite often potential buyers are looking for a cheap buy when it comes to a home being sold in probate.

What has to be remembered is that there are court rulings in place regarding the sale, which is the offer has to be within the 90% of the sale appraised value. The Realtor again will play a big role here in making sure that the seller is able to negotiate the proper terms that are going to fit in with the requirements for both the buyer and the seller. Selling a house after probate allows the executor or administrator to enter into the necessary contracts.

Once this has been completed and the offer has been presented and accepted, then the court requires a notice of proposed action to be mailed to all the heirs that were named in the estate. This allows the heirs  15 days to present any objections that they may have. If none is raised, then the sale can go ahead without the necessity of a court hearing. This is where it can sometimes become frustrating for those selling a house in probate.

In some cases when selling a house in probate it may be mandatory that the notice of the sale is published in a local newspaper. This could be because the executor or administrator did not have all the powers necessary as stated under the IAEA, or an objection was lodged by one of the heirs.

A court date has to be set for the confirmation hearing which usually takes place between 30 and 45 days after filing of the application and the details again may be mailed to all parties concerned. During this time the realtor will most likely continue to show and advertise the property as there may be an opportunity to increase the sale price.

It is not unusual, for sometimes during the court confirmation hearing when selling a house in probate, the original bid that was accepted becomes overbid by someone else that is interested in buying the home. If this happens the party coming in with the second or higher bid has to attend at the hearing and bring with them a cashier’s check. The amount of this check must be at a minimum of 10% of the offering price they have placed on the home.

If it turns out that there are more than one over bidders then the outcome is, the bidder with the highest bid is awarded the purchase of the home. What happens is that this a bidder submits the cashier’s check to the executor or administrator. This money is then held in escrow for a period of time, which is usually 30 to 45 days following the court hearing.

Selling a House Without Probate

There are some stipulations within the estate law that do allow for selling a house without probate. Normally the executor or administrator of the will doesn’t have the necessary authority to sell a house unless probate is in place. Probate may be possibly avoided if the deceased placed the home in a living trust while still living.

It is really important that the proper professionals are chosen to assist you through the probate sale as it can be most complicated and it is taking place at a time where family members are going through the stress of losing a loved one, and this is just a added burden for them to have to attend to. When the process is followed properly it usually flows in the proper manner and the big concern is having the right realtor on board to get the price that has been placed on the home by being pro active and energetic in their selling responsibilities.
Want to find out more? Here’s an article we have that shows you how to sell an inherited house.

If you want to know your options when inheriting a house, read this article.

Cash offer?

Find out whether you can get a cash offer to buy the house in probate. We buy houses cash in San Antonio and can make you an offer. We have experience with helping people sell a house fast even when it is in probate or about to go through the probate process.

If you have any questions about how this works, please call us at 210-596-9669. We’re here to help…even if you decide not to sell the house.

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.