Does my inherited house need to go through probate?

Can I sell an inherited house without going 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 and help you determine if you need to go through the probate process.

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 estate 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 often sell the house in a timely manner.  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 the house while it is in probate.

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

Note, we have purchased homes from people both during and after the probate process. We have found a few families who went with the family attorney that was not well versed in the process and it took them twice as long to get the home sold as it should have. We would advise that if your family attorney handles probates regularly or his company has a probate department great. But if this is not their area of expertise, you might want to ask them for a referral.

HELPED ME THROUGH THE PROCESS

Words cannot express how Kim’s hard work has affected my family. After a death in my family, I was left with a home out of state that had been abandoned and no banks would even claim the loan! Kim helped me figure out how to determine ownership, what to do about the taxes, and how to clear up the loan status so the property could be sold. She helped me through the process every step of the way, despite my frazzled mindset after losing a loved one. There is no one better, she’s simply the best!

Andrea from Kansas City, MO

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