Selling a home through probate

UPDATED: Sep 30, 2022

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Selling a home through probate

Hi my name is Ms. LEVAL Lewis.My mother
passed away in June and she didn’t
leave a will.So my siblings and I want
to sell the house without putting it in
probate.Do we still have to put the
house in probate and wait for the
creditors to take their share of do we
still get the proceeds?Another thing if
we sell the house through probate will
we get more or less as oppose to us
selling the house without probate?

Sincerely,LeVal Lewis
313 778 0018

Asked on November 27, 2016 under Estate Planning, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Anything that was not--
1) Owned jointly by the deceased and a surviving person, like real estate or a car owned jointly, or a joint bank or brokerage account; or
2) A bank or brokerage account specifically made "transfer on death" or "payable on death" (TOD or POD) to a living beneficiary; or
3) A life insurance payment made directly to a named beneficiary
--MUST go through probate. That said, the personal representative for the estate (the court appointed administrator) can sell it on behalf of the estate, if doing so is in the interest of the estate and the beneficiaries or heirs who will inherit under the rules of intestate successon (who gets what when there is no will--that will be you and your siblings, if your mother did not have a surviving spouse); for example, if by selling it now, a higher price could be realized or carrying costs (e.g. mortgage payments, taxes, utilities, etc.) avoided. However, if sold by the estate prior to the conclusion of probate, the proceeds cannot be distributed until everything is fully probated.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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