Can a house be put up for sale before probate is granted?
Can a house be put up for sale before probate is granted?
Probate is a court process through which the will of a deceased person is validated, and his or her assets are made available to be distributed. A house that's still owned by the deceased at the time of death won't be part of probate unless the will designates it as an asset to be distributed. However, even if this is a case where there's no need for probate, the house can still be put up for sale as early as possible.
If you're dealing with a case of "ab intestate" (no will) or if someone hasn't left behind clear instructions about their wishes for distributing their property, what you're dealing with is a "pourover will" (a will that's not under probate). While a pourover will is presumed to be valid and the distribution of the estate is allowed to take place according to its terms, there's always some degree of uncertainty involved when someone dies without leaving behind a valid will. It may take some time before all doubts are dispelled and probate is granted, which means you want to get your house up for sale as early as possible.
If you have any questions or need a Probate Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
