At Fast Home Buyers, we have helped thousands of people navigate the sad times following a death in the family. We have the experience to help you sell a house as you work through the legal probate process.
To help, we have gathered some of the more common questions and created this page.
This is not legal advice, instead, it is a quick guide to some of the issues many people do not think of when they are faced with the death of a parent or loved one.
It is also good to understand that every state has slightly different probate laws. There are many similarities and the first thing we suggest is that you touch base with a probate lawyer in your area to see where to start.
Bottom line, Fast Home Buyers has the experience to move your property fast. Regardless of condition we offer cash for houses and can close quickly.
The first item to check off is to find out if your deceased loved one left a will. This will determine what your next step should be.
Several ways won’t require this step:
If the deceased is unable to complete one of the above, their estate must pass into probate. Probate is the analysis and transfer of an estate, including a house, under the directions of the probate court.
As we said, the will is the first step in this process.
A will directs how the estate will be divided among surviving family members. The will assigns the role of executor and allows the legal process to begin. If the will does not specify an executor, the court will appoint the best option in their opinion.
Several items are needed to complete a will. Some, or all, of these, will apply.
While a person may have a long list of properties, real estate is generally the highest priced and can be the most difficult to divide quickly. That’s where our experience comes into play.
Fast Home Buyers offers cash and can speed up a multi-month process. We buy houses quickly, often in as little as a week.
Simply stated, the executor of the will is the one in charge. Recommendations from multiple sources say having an estate planning attorney is one of the best options. They can walk you through the individual legal steps of your local probate court.
Being an executor comes with many responsibilities.
There are serious legal liabilities that come along with being the executor. If the court finds that the executor has mismanaged funds they can be held liable.
The executor can decline. If this happens the court moves on to an alternate or appoints someone they see as fit for the position.
The probate process generally comes with more questions than answers. The executor is in charge of making the decisions that need to be made. They are under no obligation to answer to any of the other beneficiaries.
Having the advice of an attorney can help. Having a legal buffer can allow an executor to make those decisions without worrying about family backlash.
However, even with legal advice, there are often decisions that are not fully covered in a will. Sometimes there can be fuzzy wording that needs someone on the ground to make the call.
For instance, a will may state ‘the house will be sold, unless someone wants it.’ This oversimplifies an example, but what does an executor do if two siblings say they want the house?
People also change their minds.
Death has a way of making people look at things differently. That hutch your sister had not noticed in a decade might be the most important thing all of a sudden.
Wills do not always make people happy.
Inheritance disputes are one of the highest levels of family tension. That’s where having a level head to make decisions comes into play.
If a person thinks ahead they make it a point to write their will out with an attorney who can help them avoid sticky situations. They will usually talk to those named in the will to make sure the items are wanted.
This is not always the case. Sometimes people write up what they want to be done on a random piece of paper and get it notarized.
We’ve all heard of people being surprised when they are listed in someone’s will.
On the other side, there are often items that are overlooked in a will. Perhaps nobody has thought about Dad’s tools or Mom’s fine china tucked away in a box in the attic.
This is the responsibility of the executor. They need to be able to go through the estate and make sure everything is listed and if not, find a way to make sure it goes where the deceased would have wanted it.
Nothing about this process is easy.
Ultimately, the house is the biggest piece of the puzzle. In today’s fluid culture where people are less likely to remain in their hometown after high school, there is a very good chance none of the beneficiaries have any ability to keep a house across the country.
More often a parent’s house is sold and the proceeds are split evenly between the children.
This is where Fast Home Buyers can help. As we stated above, probate often takes months to work its way through the local courts.
When we buy a home with cash, we avoid months of waiting for banks to approve everything. Cash also allows us to buy houses in as-is condition. With no need for inspections or repairs, we can move a house in as little as seven days.
This often works extremely well for the probate process. Cash means you can take the proceeds and disburse everything to the listed members of the will.
At Fast Home Buyers, we have made our reputation by taking unpleasant situations and smoothing them out as much as possible.
The fallout from probate has torn families apart. Fast Home Buyers understands that a death in the family carries enough tragedy. Adding more pain by prolonging the probate process is completely avoidable.
Let Fast Home Buyers pay cash for your house and move the process along at a speed that lets you grieve in your own time.
We have years of experience working with executors to bring about smooth, peaceful conclusions to a traumatic experience. This experience works in the favor of our clients as we help you sell your house today.
Contact us today and see how quickly we can help solve your probate problems.
We’ve been buying houses in Utah, a fast and fair cash offer, for the last three years. Our idea is to help everybody to solve problems with their properties. We buy houses in any condition and situation: Evictions, Probates, Notice of Default, Inheriting house, divorce, foreclosure, literally any situation.
We’ve helped hundreds of people with their properties, sometimes in less than a week. You can check our “Testimonials” and how we’ve helped people over the years.
We started our business in Utah, buying houses in the whole state. Today we are in Florida, helping others with our fantastic team there. Feel free to contact us today and get your offer.