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Can You Sell a House Before Probate in MD?
Selling a House Before Probate
Many residents of MD find themselves looking for information about selling a house before probate. This is either because they have inherited a house through a will or have been named as personal representative in this document.
This is a situation that raises the need to find answers to several important questions. One of those important questions is “can you sell a house before probate is granted?”
Can You Sell an Inherited Property Before Probate?
Individuals who ended up with an inherited home often can’t or don’t want to keep it. It could be their parent’s home where both parents are now deceased. One option is to put the house on the market but the question is, “can you sell an inherited property before probate?”
If a will exists chances are a family member who is close to the deceased is aware of this important document. It may be that a particular person is named as the executor in the will. The executor has the duty and obligation to see that the last wishes as outlined in the will are fully carried out. If a property is involved in the estate, such as a house, this most likely will have to go through a probate process.
Individuals who have inherited a house may not realize that it has to go through a probate process. They may attempt to put the house on the market for sale. If they use a Realtor to attend to this, an experienced agent will know that the house must go through the “selling a house before probate” process. This is in order for a sale to be legal.
The probate laws are in place to ensure that the wishes of the decedent are carried out as intended. This is the main reason why selling a house before probate is not allowed in many states.
Can You Sell A House Going Through Probate?
The next question that often is raised is can you sell a house that is already going through probate?
It may have been discovered that selling a house before probate is not allowed in many states. The reason being that a title company will require a letter of administration from the personal representative proving that they have the authority to act on behalf of the decedent. This letter of administration can only be obtained once a personal representative has opened probate and been appointed.
In MD for example, the answer to the question of whether you can sell a house going through probate is yes. There are specific steps that must be taken in order for the sale to be legitimate.
Getting a property valuation
The property has to be appraised by an independent certified appraiser. Often an experienced realtor in probate sales will be able to recommend one.
Courts in Maryland will also accept the property tax valuation, https://sdat.dat.maryland.gov/RealProperty/Pages/default.aspx, as date of death valuation.
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If you need to sell your Silver Spring area house fast and would like to get a no-obligation cash offer, call us now at 3012764441. Whether you decide to sell your house to us or not, we would like to help answer questions you might have about the process.