Can you sell a house while it's in probate?
Usually, yes. When someone passes away and the home was in their name alone, the court appoints a personal representative, called an executor if there's a will or an administrator if there isn't. Once appointed, that person can generally sell estate property. Depending on the state and the type of administration, the sale may need court approval or notice to heirs first.
Because the rules vary by state and by estate, the estate's attorney is the right person to confirm what authority you have and what steps are required. We work alongside them, not around them.
What you'll typically need before closing
- Letters testamentary or letters of administration (or your state's equivalent) showing you're authorized to act for the estate
- A death certificate for the title company
- Court approval or confirmation of the sale, if your state or the court requires it
- Payoff information for any mortgage, liens or unpaid taxes on the property
Don't worry if you don't have all of this yet. We can review the property and give you an offer early, so you know your numbers while the paperwork catches up.
Why many estates choose a direct sale
Estate homes often share the same challenges: decades of belongings, deferred maintenance, older systems, and heirs who live far away. Listing one usually means a clean-out, repairs and months of utilities, insurance and taxes, paid by the estate while you wait.
- As-is, contents included: take the keepsakes and leave the rest. No clean-out required.
- A timeline that matches the court: we can sign now and close when authority or approval is in place.
- Fewer holding costs for the estate, and a faster path to distributing proceeds.
- A written, explained offer you can share with heirs and the court, showing how the number was reached.
If the home is in good shape and the estate can wait 30–45 days, our Retail Buyer Program may net the estate more, with a fixed net agreed in writing and no repairs required.
How it works with us
- Tell us about the property and where the estate stands: opened, appointed, or not started.
- We review it, in person or by photos and video if you live out of state.
- You receive a written offer to share with the estate attorney and heirs.
- We coordinate with the attorney and title on authority, any court steps and payoffs.
- Closing: title or the closing attorney pays debts from the proceeds and sends the balance to the estate.
Not in probate at all? Some homes pass outside probate through a trust, a transfer-on-death deed or joint ownership. The process can be simpler. See selling an inherited house.
When heirs disagree
A neutral, written offer with the math shown often helps heirs agree on a number. It gives everyone the same facts. Where heirs can't agree, the personal representative and the estate attorney decide how to proceed. We don't take sides, and we're happy to answer questions from any heir.