A Brief Guide to Selling Probate Real Estate

Jan 9, 2020

Written By Offer Hut

Apart from the emotional turmoil of a loved one’s passing, you have to deal with dozens of legal processes to settle your deceased loved one’s affairs, even their homes/properties. One of the biggest and more demanding matters you may have to deal with is the execution and proving of their will, a process that is called probate.

What is Probate?

Legal resource website Nolo defines probate as “a court-supervised legal process that gives someone, usually the surviving spouse or other close family members, authority to gather the deceased person’s assets, pay debts and taxes, and eventually transfer assets to the people who inherit them.”

Since a house is usually a person’s largest asset, real estate needs to pass through probate. Under North Carolina laws, though, real estate properties do not typically pass through probate. This happens if:

  • Your loved one passed away with a will. The title of the property goes to the named beneficiary.
  • Your loved one passed away without a will. The title of the property goes to the legal heir/s.
  • Your loved one co-owned the property. It will automatically pass to the surviving co-owner.

However, if your loved one died without a will or legal heirs and if they are the sole owner of a residential property at the time of their death, that property will go to probate by default.

Selling Probate Real Estate

If the North Carolina court named you the administrator of your decedent’s estate, you are then responsible for paying off debts. If the deceased’s estate does not have enough income to pay off outstanding debts, you may be forced to sell their property. Here’s how it works:

  1. Have the property appraised.
  2. Obtain a petition to sell the property from the North Carolina court.
  3. Place the property for sale.
  4. Accept an offer from a buyer.
  5. Go to court and apply a petition for a hearing confirming the sale.
  6. Advertise the sale in a newspaper, together with the buyer’s offered price to inform the public of the sale and allow them the chance to join open bidding in court.
  7. Attend the court hearing and bidding process.
  8. Wait for the confirmation of the winning bid, and then complete the sale.
  9. Use the proceeds of the sale to pay the deceased’s estate’s outstanding debt.

Here at Offer Hut, we understand how long and specific the process of selling probate real estate can be. If you want to learn more about the processes, reach out to us today via our website or our hotline: 919-514-1001. Our professional staff can help you during this process and can make things easier for you during this probate process.


What our clients are saying

Sarah D. (Durham, NC)

“The Sell Triangle team really knows their stuff. As a seller in a difficult situation, I was able to not only get a great cash offer for my home, but we were able to close in just a few weeks! I would highly recommend this company for anyone trying to sell their house fast.”

List With A Realtor Or Sell To A Cash Buyer?

  • Which option is quicker?
  • Puts more cash in your pocket?
  • Guaranteed less hassle?

We Buy Houses in Wake County, NC

Wake County | Raleigh | Cary | Apex | Holly Springs | Fuquay-Varina | Morrisville | Wendell | Garner | Knightdale | Zebulon | Rolesville

We Buy Houses in Johnston County, NC

Johnston County | Smithfield | Selma | Four | Oaks | Wilson’s Mills | Archers Lodge | Clayton | Benson | Princeton | Pine Level | Micro

We Buy Houses in Durham County, NC

Durham County | Durham | Rougemont | Gorman

We Buy Houses in Orange County, NC

Orange County | Hillsborough | Carrboro| Efland | University City

We Buy Houses in Chatham County, NC

Chatham County | Pittsboro | Siler City | Moncure | Goldston | Gulf

We Buy Houses in Granville County, NC

Granville County | Oxford | Creedmoor | Butner | Stem | Stovall

We Buy Houses in Franklin County, NC

Franklin County | Louisburg | Youngsville | Franklinton | Bunn | Centerville

Recent Articles

Would a Cash Homebuying Company Want Your Home?

Would a Cash Homebuying Company Want Your Home?

Cash home buying companies work to create mutually beneficial offers for both homebuyers and sellers. Selling to a cash home buying company is one of the best ways to sell your home that exists today. Before you consider selling to this type of company, though, you...

Is it Possible to Rent Your Home After Selling It?

Is it Possible to Rent Your Home After Selling It?

Have you ever wondered if you could rent your home back after selling it? Perhaps you are holding off on selling your home simply because you are too afraid of letting go. Renting your home after selling it can be a great way to still enjoy the property you fell in...

How Can You Avoid Commission Fees When Selling Your Home?

How Can You Avoid Commission Fees When Selling Your Home?

In today’s economy, it is wise to be savvy about your money in all financial endeavors. An especially important situation to keep this in mind is when you are selling your home. Avoiding expensive fees, such as commission fees, can help you save money while making...