Ohana Legacy Properties, LLC

Real Estate Probate

Ohana Legacy Properties understands the needs of families going through Probate and how to deal with the Real Estate
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What Is Probate?

Firstly, it’s important to understand what probate is and what that process entails. According to Forbes & Forbes Law “probate is the process in which a court legally recognizes a person’s death and oversees the payment of a deceased person’s debts and the distribution of [their] assets.” Since there’s a matter of settling debts and distributing property across several heirs, how Texas property is distributed or dealt with varies case to case. A house for example, could end up with one heir for them to do whatever they like with it, or a probate sale in Texas could happen, with the proceeds being distributed evenly across the heirs.

So how does the probate process work and what are your options? Can you sell your home while going through probate in Texas? Let’s find out.

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The Probate Process in Texas

The main question on many people’s minds is this: “Can I sell my house in Probate in Texas?” The short answer is yes, it’s possible, but it’s not always simple and straightforward.

The first compounding factor is whether or not the decedent – the person who has died – left a will. When a person dies intestate in Texas (without a will) the probate will be overseen by the courts. The court will be the one to decide who the decedent’s heirs are and their share of the estate. In this case, it would be difficult to sell your Texas house in probate.

If there is a will, things can go a bit more smoothly and quickly. The will should name an executor and essentially this is the person who will be responsible for moving the probate process along, filing the probate, notifying beneficiaries and creditors, taking inventory, appraising the estate, and overseeing the distribution of assets.

In case of a will, the process will go as follows:

  1. The executor will be in charge of filing the application for probate.
  2. A a judge will recognize the decedent’s death, confirm the executor is fit to serve, and verify whether there’s a valid will.
  3. The executor will take inventory, appraise the estate notify the beneficiaries of the will, post a notice to creditors, discharge debts, and file the decedent’s final federal tax return.
  4. Disputes are resolved.
  5. The Texate estate is distributed among the beneficiaries.

In addition to the general probate process, there are two types of probate in Texas. The first is Independent Administration, which is usually cheaper and easier. Court supervision isn’t necessary for this kind of probate so the executor may settle the estate without much interference from the court. Additionally, you won’t need to post a bond or get an insurance policy that protects against executor mismanagement.

The second kind is Dependent Administration. In this kind of probate all steps that the executor takes must be approved by the court and there’s a forum to resolve contested estates and disputes between beneficiaries.

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Words From Tina

Ohana Legacy Properties Made It So Easy!

FREE Real Estate Probate Resources

3 Easy Steps to selling your probate Home

Step 1: Schedule a call

We learn about what your situation is and how we can best help you get what you need.

Step 2: Set up a time that works for you to evaluate the property

We personally evaluate the physical condition of the home and put in place all the information we received.

Step 3: We will provide you with a fair concrete offer

What we provide in our initial offer is concrete and honest.
Sell Your Probate House

What to do with your Probate Property in Texas

So, what happens to a house in probate in Texas?

If there’s a house or property included in the will, the two main options are either to keep it or sell the inherited house in Texas. Which option you choose, however, will depend on the specific of the will and any contests or objections by other beneficiaries. Either way, Ohana Legacy Properties can help you.

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Here’s How We Can Help You Sell Your House in Probate

Trying to sell your house in probate in Texas isn’t as simple or easy as selling it the traditional way if the Texas property was already in your name. If the will clearly states that you are the rightful heir to a property, it’s usually advisable to wait until after the probate before you try to sell the inherited house in Texas. Things will be much easier and quicker once you have the title transferred to you.

However, if it’s not clear to whom the house will go to and the beneficiaries can’t agree on who will get it, that’s when things can get complicated. That’s why it’s good to have a Certified Probate Real Estate Specialist (CPRES) help you, like Ohana Legacy Properties. We can help you deal with inherited properties and how to approach a probate sale in Texas seeing that a lot of times, going through the probate process is necessary and unavoidable.

The best solution for when it can’t be decided who the property will go to, is to sell the house in probate. This will mean all the beneficiaries will have to agree on how the property will be sold and the price it would be sold for. In certain cases, like when the estate is in more debt than its assets are worth, selling your Texas house fast for cash might be the best option.

To make the sale easier and to ensure the probate process isn’t prolonged, it’s best to approach a cash home buyer in Houston, Texas. Cash home buyers have the funds readily available for the sale and won’t need further approval from a lender who may not approve a loan because of the house’s situation. Even better, Ohana Legacy Properties can help you with this too. We buy houses in Texas in any condition or situation, including probate!

Ohana Legacy Properties is a Certified Probate Real Estate Specialist in Texas and can easily work with your executor for the sale of the property. The process of selling your home in probate is made easier thanks to the Independent Administration process in Texas and Ohana Legacy Properties’ simple process.

We can help you sell your house fast. We are your ‘easy button” to selling your house in probate in Texas. Simply contact us and we can schedule a property viewing. After that, we can make you an offer that is concrete and honest. From there you get to decide on a closing date that fits your schedule. You don’t have to clean or remove anything at all! Take everything you and your family want to keep and we will take care of the rest. We work with local donation companies so that a lot of those things are not just trashed and can be re-purposed to help yet another family. This way you get more time to do what you need to instead of worrying about cleaning the home out.

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“Contact Us Today”

You don’t need to worry about what to do with your Probate property in Texas with the help of Ohana Legacy Properties. Get the help of a Certified Probate Real Estate Specialist in Texas and have someone to guide you through the probate process, making sure things go smoothly.