When a loved one passes away and leaves behind a house in probate, the legal and emotional stress can feel overwhelming. Probate is the court-supervised process of settling an estate, and real estate often plays a central role. Whether you're an heir, executor, or simply trying to understand your rights, it’s crucial to know what happens to a house in probate—and how to navigate the process.
Below, we break down five important things to know and offer tips to help you manage a house in probate more confidently.
1. 🧾 What Is Probate and Why It Matters for Real Estate
Probate is a legal process that ensures a deceased person’s debts are paid and assets are distributed according to their will—or state law if there is no will. A house in probate can’t usually be sold, transferred, or refinanced until the court gives permission.
This process is necessary to ensure the rightful heirs receive what’s due and that any legal claims against the estate are resolved. If the property was solely owned by the deceased, it will almost always go through probate unless it was placed in a trust.
2. 🏘 Who Inherits or Controls the House in Probate?
Control of the house in probate rests with the estate’s executor (named in the will) or an administrator appointed by the court. This individual is responsible for:
Securing and maintaining the property
Notifying heirs and beneficiaries
Managing property-related bills like insurance, taxes, and utilities
Potentially selling the house if required to pay debts or distribute assets
Keep in mind, if there are multiple heirs, disagreements over what to do with the house in probate can lead to delays and even legal disputes.
3. 🏡 Can You Live in, Rent, or Renovate a House in Probate?
It depends on your legal status and the estate’s needs. In some situations:
A surviving spouse or family member may live in the house in probate temporarily
The executor may choose to rent it out with court permission to generate income for the estate
Major renovations or changes are typically discouraged unless absolutely necessary, as they can complicate the probate valuation or court approvals
In short, it’s possible—but always check with an estate attorney or probate court before making any changes to a house in probate.
4. 🕒 How Long Does Probate Take When a House Is Involved?
Managing a house in probate adds complexity to an already slow process. Probate typically takes 6 to 12 months, but may be shorter or longer depending on:
During this time, the executor must ensure the house in probate remains insured, secure, and in good condition.
5. 💰 Can You Sell a House in Probate?
Yes, you can sell a house in probate, but there are extra steps involved:
The executor must file a petition with the probate court
In some states, the court requires an appraisal and public notice
Once a buyer is found, court approval may be needed before finalizing the sale
Selling a house in probate is a practical solution when heirs don’t want to keep the property or when estate debts must be paid. Just know that it’s not as simple as a regular home sale—extra patience and paperwork are required.
🔐 Other Key Considerations for a House in Probate
Mortgage responsibilities: If the house in probate has an active mortgage, payments must continue or the property may go into foreclosure.
Property taxes: These continue to accrue during probate, and unpaid taxes can create liens.
Maintenance costs: Utilities, repairs, and general upkeep are usually paid from the estate.
Legal help: It's wise to work with a probate attorney, especially if the estate is large, complex, or contested.
At Trusty House Buyers we offer a fast, respesctful way to sell your house for cash. Check out how it works, as well as our facebook page
