After someone dies, you can’t just go ahead to sell their house or properties as there are laws guiding how a decedent’s properties must be handled after their death. These laws ensure that the properties of the person are taken care of appropriately.
Probate laws are different across different states but there’s a law that requires that a person’s property can only be shared, sold, or passed through a trust held by a close relative or next of kin. Also, the property must go through the court’s probate process which can be time-consuming.
The person responsible for selling the house is called the executor and no, the house cannot be sold immediately and at the same time the executor shouldn’t delay for long before selling the house. Regardless of the reasons an executor may have, they remain subject to the laws of probate.
Can an Executor Sell a House Without Probate?
A house can only be sold without probate if the owner owns the property together with another person who gets full ownership of the house through the transfer of legal title or if the house is left to a beneficiary named in a trust.
A trust is not grounded by probate laws; it is instead administered by a trustee who can sell the property according to the terms of the trust. Also, the owner must of a property automatically becomes the possession of the person who has joint ownership and this doesn’t require probate to become effective.
An executor can only sell a house when they’re given the power to do so in the owner’s will. The executor then takes on the responsibility of filing a case in probate court. And after the court has given the executor the power to control the owner’s property, the executor can go ahead to sell the house or properties.
If you’re the executor of a loved one’s will, you must sell the house but not before you get authorization from the probate court.
How Long Does An Executor Delay After Someone Dies Before Selling A House?
Some laws determine how long an executor has to wait before selling a house after a person dies. These laws differ across different states; while some states have a limit of 30 days, other states have a length limit. However, the executor has no time limit on how long it takes to the house once the probate process starts.
Selling the house of a loved one involves a rollercoaster of emotions especially when the executor is one of the beneficiaries. There are different reasons why an executor delays selling a house which may include emotional, financial, and practical reasons. As an executor, it’s your responsibility to resolve the issues that might delay the sale of the house. This is where the probate law comes in; the probate law will not enforce a specific time frame on you to sell the house and at the same time will not let you stay too long before selling the house.
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