Does my inherited house need to go through probate?

We had a quick question come in today.

Does my Kansas City Metro House need to go through PROBATE before it can be sold?

The answer to that is going to be in how the home was titled.

So if the estate is small and mainly consists of just the house, you might want to first reach out to a local title company.  They have several reports that they can run that cost from about $100 to $150.  They can see whose name is on the title and how it was titled.  They can also see what liens might be placed against the property.

If the home is titled properly, the home may pass to you via a will or upon death, and all you would need is the death certificate.  And of course you would need to be selling the property for a high enough price so that you can pay off any of the liens.  The title company would be able to tell you this.

But if the house does not automatically pass to you, then you would need to hire a competent attorney who knows your area, to take the house and the rest of the state through the probate process.  This is a process where the court assesses all the assets and the debts of the deceased and makes sure that the debts get paid.

Please note that just because the estate is going through probate, does not mean you can’t sell the house.  You need the approval of the court, but you can and should sell the house in a timely manner as letting it set empty can cost the estate in taxes, insurance, utilities and upkeep.  In this case, do consult with the probate attorney to determine the steps to take to sell house while it is in probate.

When you are ready to sell an inherited home we ware here to help.  We can refer you to our Title Companies as well as Attorneys who know the how probate works and know the local areas.

Note, we purchased one house from a family who had hired an attorney out of the phone book.  The home happened to be in Kansas City Missouri, which has two court houses.  The attorney first filed all the paperwork at the wrong courthouse and delayed everything and then filed the wrong will with the court which delayed even more.  So you do want to make sure your attorney has experience not only in working with probate issues, but also with the court system where the house is located.

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