Probate is well-known not for the many inheritances that go through it but for the long, grueling and distressing process that necessitates it. If a person thinks that he will go through the process in the future, the question, “ Can you sell a property before probate is granted? ” may have crossed his mind. Probate solutions are both “No” and “Discreetly”. probate solutions
Probate Solutions: It is a “no” because the only time someone will know if he or she is one of the beneficiaries is after the probate has been granted. If they are not one of them or the executor of the will, then they have no right to sell the property. Probate is very important even though it is coupled by many pitfalls, costs and inconveniences. As mentioned above, it is the only way to legally determine who is entitled to the inheritance and how much will go to whom. Without it, almost anybody who thinks they have a right to the property can claim as much as they want.
It is not just the relatives that need to be satisfied, but also the creditors of the deceased who will demand what is due to them. Probate prioritizes order and will try to satisfy the expectations of both creditors and beneficiaries in accordance to the state law. If the property is sold and the revenue is divided before the probate has been granted, the transaction will face criticisms and those who have legal claims that were excluded can sue for losses sustained. This alone should warn beneficiaries to avoid trying to go around the process. probate solutions
Probate Solutions: The answer to the question, “Can you sell a property before probate is granted?” can be “discreetly” because there are instances when the beneficiaries can legally put the property on sale before the probate is granted. Here, the sellers have been previously informed by the deceased of their involvement in the inheritance. They are not breaking any state laws but the completion of the sale cannot happen until the probate is granted. This way, the sure beneficiaries can use the long duration of the probate process to look for buyers of the property and spare themselves the inconvenience of dipping into their savings for the maintenance of the house. Usually, by the time the probate is granted, the sellers have already found the buyer with the best offer. All they have to do now, is to complete the sale and divide the revenue. The only problem that can arise from this is if the deceased individual had also bequeathed the property not known to the sure beneficiaries.probate solutions
When it comes to the question, “can you sell a property before probate is granted?” it is better answered by a qualified solicitor. His or her years of experience should help in finding ways to make the tasking probate process tolerable and less inconvenient. The beneficiaries may have to pay a considerable amount for his service but this is nothing compared to the lawsuits they could face if they ignorantly assume rights to assets without the grant of probate.
In you are in Florida, talk to us at Probate Solutions FL and we can give you assistance as to what all of your options are. There is no obligation and we truly want to find the solution that’s best for you.