What Is Probate Real Estate? | Redy

Zak BrethertonApril 12, 2023

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An Introduction to Probate Real Estate

What Is Probate Real Estate?

Probate real estate is the process a deceased individual's estate must undergo to administer the property left behind. While the investment style of probate real estate is quite similar to traditional investing, the two have some crucial differences. The main difference is that the beneficiaries do not have control over the estate in probate. Instead, an executor or administrator completes the probate process under court supervision and distributes the investment proceeds to the beneficiaries. A lawyer or a business manager typically serves as executor, but a beneficiary may also fill this role, depending on the deceased individual's will.

How It Works

This is a step-by-step guide to the probate process:

1. Designate the Executor of the Estate

As a beneficiary of a property in probate, you will not be responsible for managing and selling the property. The court will appoint an executor (if there is a will) or an administrator (if there is no will) to complete probate. You don't have a lot of say in this decision; it's ultimately up to the court to decide.  

2. Engage a Probate Lawyer and File a Petition

Once the court has chosen an executor, they will hire a lawyer to file a petition to start the probate process. This petition will detail everything about the person who died, their property, and their assets. It should include information about the type of property (mortgage-free or not), its location, and estimated value. The court will take about 10-30 days to review and approve the petition once filed. 

3. Inventory the Estate and Gather Important Documents

Gather documents related to the property's value; a complete list of heirs, family members, and people living on the property; the mortgage amount owed on each house; and the deceased's wishes for their estate. After gathering and creating an inventory of everything, store the documents in a safe place where no one can access them.

4. Seek Assistance from a Skilled Real Estate Agent

A skilled real estate agent will contact you after the probate process begins. Their job is to look at your property, assess your situation, and determine if you're ready to move forward. If they believe you need more time before selling, they may advise you to contact another agent who can help make it a successful sale.

5. Manage the Estate's Finances and Pay Debts

The executor will manage the deceased person's estate. They must sit down with the probate lawyer and work out a budget for the estate's funds, including figuring out what bills are owed and setting up a compensation plan for anyone managing the trust. After paying off all debts, they will also look at the leftover funds and decide how much money they need to sell the property. 

6. Await Asset Transfer

Once you've paid off any debts and inventoried the estate, you'll begin to see the property's true value. You'll know exactly what it's worth and the outstanding mortgage balance. If the property's value exceeds the remaining mortgage, it can sell for a profit.

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Benefits of Buying Probate Real Estate

Lower Prices for Buyers

Probate homes and property values are usually lower than those on the traditional market since they're typically sold as-is. This makes probate homes much more affordable for more people, especially first-time buyers.

Fewer Competing Bidders

Probate's conditions and terms may intimidate some buyers, leading to less competition than in traditional home sales. You'll have fewer competing offers to deal with and more room in your budget to submit the best bid.

Opportunities for Investment

Probate homes offer a good starting point for individuals wanting to get started in rental property. Because these properties are typically cheaper, they make great long-term investments. It could pay off big time if you're willing to give a probate home a shot.

Risks of Buying Probate Real Estate

Complicated Legal Process

The probate process involves a lot of legal paperwork – even more than traditional real estate transactions. There's a lot at stake, and you may find yourself fighting a lost cause if you don't have the right insurance or help. In the end, it may not be worth it.

Property Condition

Probate homes typically come in worse condition than other real estate properties. To become a nice home or rental property, they may need substantial repairs, remodeling, or upkeep. You risk buying a property that needs more time, money, and energy to fix than the property value warrants.

Possible Delays in Closing

The probate process can take some time. Once you sign the documents, it could be several weeks or months before finalizing the sale. 

Strategies for Selling Probate

1. Prepare the Property for Sale

Real estate agents and potential buyers will want to see a property that looks as good as possible. You must find time in your busy schedule for a home improvement project. Learn more about how to prepare a house for sale here.

2. Price the Property Correctly

Listen to expert guidance on pricing, even if you feel it's overvalued. Pricing a property correctly could mean the difference between reeling in multiple offers or scaring buyers away. 

3. Market the Property to Potential Buyers

Work with a real estate agent to stage an all-out marketing effort and make it easy for potential buyers to find the property. Put up signs around town and on any other properties you own. Include information about the trust, such as the date created, and a list of all the properties you need to sell. Use your personal social media accounts to promote your property as well.

Working with a Probate Real Estate Agent

Probate is an exciting opportunity in real estate. While the process can take a lot of work, turning it into a successful sale is possible, especially with the right agent by your side.

Working with a qualified real estate agent can help you deal with much of the paperwork involved in probate. They can check how much money the trust has to work with, the property's value, and help you maximize your profit. If necessary, they'll also sort through which properties are worth more than the mortgage and which aren't.

Redy helps homeowners find the right real estate agent for their needs. Our first-of-its-kind marketplace connects home sellers with top real estate agents who submit proposals to represent their home sales. Each bid includes a listing term, commission rate, information about the agent, and a cash bonus. By putting all the negotiating cards on the table – and having the agent invest in the home sale upfront – we empower home sellers to make more informed decisions. Create your free property profile now!

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