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Selling a Property in Probate to a Cash Buyer: A Step-by-Step Guide

Essential Equity Real Estate • Oct 05, 2023

Selling a probate property is not usually as simple as selling other property types; the vendor will require additional legal procedures. Probate is the court-supervised process of reviewing a deceased person’s assets and making sure they get distributed to their rightful heirs. The rightful heirs are the people or organizations the deceased named in their will. If the deceased died without a will (intestate), state intestacy law determines who gets the property. 


For example, it might first go to the deceased’s surviving spouse. If there is no surviving spouse, it may then go to the deceased’s children and grandchildren; if there are no children and grandchildren, the deceased’s parents and/or siblings would usually be next in line. (1) For those who inherit their loved one’s property, maintaining it can be financially, physically, and emotionally difficult. For this reason, most people prefer to sell these homes rather than maintain them in a procedure known as a “probate sale.” 

This may also be required to divide the deceased’s assets fairly among the remaining beneficiaries.

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Problems with Selling a Probate Home

Most properties in the US are sold through estate agents. The difference between probate and agent sales is that they can cost the seller a lot of money. This can be because probate properties are frequently in need of modernization or retirement homes that need lots of expensive upgrades. Among the procedures and challenges executors may confront during the probate process include obtaining a grant of probate, locating any unknown creditors, and resolving any disagreements among beneficiaries. 


This is why it is advisable to sell a probate home to Milwaukee we buy houses companies. There is no need to spend time or money on repairs, and the sale can be closed within two weeks.

Steps to Selling a Property Under Probate

Whatever approach you take during the probate procedure, you must be well-informed and confident in how you handle your loved one’s estate.

Avoiding the Hassles of Traditional Sales

To sell a probate property, first apply for a grant of probate. As the executor, this gives you permission from the probate court to handle all of the deceased’s estate assets. While you can line up and start the real estate procedure without this, no deal can be completed without a probate grant.

Value the Property

The property must then be appropriately valued for probate purposes. It is critical for inheritance tax purposes that the valuation applies to the property at the time of its prior owner’s death. Because property prices fluctuate, it can be beneficial to hire the services of a valuer with local knowledge. Furthermore, as opposed to an estate agent, a trained surveyor will appraise a property more precisely for probate reasons. 



If the property was incorrectly valued, you will be required to pay any unpaid inheritance tax.

Inform the Relevant Individuals

Any organization or firm with a legal or financial relationship with the deceased must be notified of their death. This list includes local councils, utility suppliers, banks, creditors, and insurance companies, but there may be more. It’s also a good idea to contact any unknown recipients via an advertisement in the Gazette. Beneficiaries have two months after an advertisement is issued to come forward; after that, the executor is not accountable for inadvertent mis-distribution of the deceased’s estate.

Getting the Property Ready for Sale

Emptying the property can be an emotional process; sorting through a loved one’s stuff and discarding possessions can be especially painful so soon after their death. Enlisting a third-party valuer’s assistance to determine the things of value among the deceased’s possessions can be beneficial. Investing time and money into making the house appealing, especially if selling through an estate agent, can assist in speeding up the house-selling process. However, if you can’t afford this, you should sell your house to we buy houses Milwaukee companies. 


This decision can benefit you in multiple ways.

Benefits of Selling a Probate House to Cash Buyers

Selling your home to we buy Milwaukee, WI houses companies can benefit you in the following ways.

Avoid Paying Capital Gains

Homeowners usually use the step-up basis to lower the amount of capital tax they owe to the IRS. Using this strategy, they pay taxes on the home’s inherited value rather than the original purchase price. To take advantage of this, you must live in the property for at least two years before selling it. However, you may be unable to move into the probate house, especially if you live in another city or town. 


Furthermore, you cannot avoid paying capital gains taxes entirely. The greatest strategy to avoid capital gains taxes is to sell the house to we buy houses for cash Milwaukee organizations. This ensures there is no room for the value to rise further.

Avoid Expensive Repairs

Most inherited properties are in poor condition because the original owner is either too old or unwell to manage regular care. The roof could be leaking, the appliances could be out of date, and the home could be moldy and uninhabitable. As a beneficiary, you must complete any necessary repairs before selling, renting, or moving in. These repairs are typically costly and time-consuming. 


Renting a probate house is extremely risky since you may face legal difficulties if it is improperly maintained. This is why you should sell the house to we buy ugly houses Milwaukee companies because they buy houses in their current condition. You don’t have to pay for pre-sale or post-sale repairs when you sell my house fast Milwaukee.

Avoid Complex and Time-consuming Legal Proceedings

The probate process is time-consuming and costly and involves many legal, fiscal, and administrative tasks. Even with a legally valid will that names executors and beneficiaries, the Grant of Probate may take three to six months to be awarded. Even after the Grant of Probate notice is issued, the executors may take nine months to a year to administer the estate. And if the will is ambiguous or contested, the procedure may take even longer. 

You must also pay inheritance tax and discover any missing beneficiaries. We buy houses in Milwaukee companies understand the legal ramifications of inheriting a home and will take care of everything.

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About the author

Zach Kirkton 

Zach Kirkton is a passionate cash home buyer and the founder of Essential Equity Real Estate, a company that helps people sell their homes quickly and easily. With a deep love for real estate, Zach has dedicated his career to helping homeowners who need to sell their properties fast, whether it's due to a job relocation, divorce, inheritance, or any other life event. He takes pride in providing his clients with compassionate and personalized service, always putting their needs first. Zach and his team are based in Milwaukee, WI, and are committed to helping homeowners achieve their real estate goals.

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