How to sell a home after the owner dies

On Behalf of | May 5, 2020 | Estates

When a person dies, he or she may have owned property in Indiana or other states. In some cases, the executor of the estate or the person who becomes the new owner of the property may want to sell it. The process of selling a home after an individual dies depends partially on who owns the property and who has the right to sell it.

Any assets that remain in a person’s estate after he or she passes may have to be settled in probate court. Depending on how an estate plan was structured, a home may be part of the probate estate. If the deceased person had a will, it may determine who the executor of the estate is and who is to inherit the property. In the event that the executor is also the beneficiary, he or she may be able to sell the home during probate or after the estate is formally settled.

If the beneficiary is someone other than the executor, it may be necessary to obtain permission from that person to sell a home. It may also be necessary to obtain permission of the probate court to liquidate real estate. This is because the court will likely need to determine that a will is valid and that other parties don’t have a claim to it before it can be sold.

If an estate must go through probate, it may complicate the process of selling a home or other assets. Those who have questions about selling a home after a loved one dies may want to hire an attorney to help answer them. Legal counsel may also be able to help resolve disputes between family members regarding who owns a home or how much the property should be sold for.