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Selling a home during the probate process

After a loved one's death, heirs, beneficiaries and the executor often have to handle much property that the deceased left behind. Commonly, a will -- if one exists -- can help address the distribution of those remaining assets. Of course, you may not want to keep a major asset, like a home, if you inherited one, or if you are the executor, you may need to sell the home and distribute the proceeds.

When it comes to selling a deceased person's property, difficulties can arise as the estate moves through probate. However, in Nevada, you can sell a home during the probate process as long as you follow certain steps in accordance with state law.

Selling a house

You may wonder why selling a house during probate would differ from selling a home at any other time, but the possibility exists for conflict if a deceased person's home is sold without giving individuals the ability to come forward to purchase it. Additionally, in cases of probate sales, the court must confirm that the sale is valid. You must take the following steps if you hope to complete a house sale during probate:

  • Obtaining an appraisal of the property by a certified professional
  • Filling out and submitting a petition to sell the home to the court
  • Waiting for court approval of the petition
  • Putting the house up for sale
  • Informing potential buyers that the sale is contingent on court approval
  • Obtaining confirmation of the sale from the court
  • Notifying the public that the sale took place during probate

Of course, conducting any type of real estate transaction can have its complications, and adding the layer of conducting the transaction during probate may only lead to additional confusion. Any misstep could potentially lead to issues during the probate process that may hinder the necessary proceedings.

Professional assistance

Fortunately, you do not have to deal with any part of the probate process on your own. From the onset, you can enlist the help of a probate attorney who can answer any questions you may have about the process and give you more details on the steps you may need to take in order to sell a home or other property while the probate proceedings are underway.

Dealing with the court and a deceased loved one's assets can seem both overwhelming and emotional, and having the right information may make the situation less stressful for everyone involved.

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