Probate Conducted in Order to Sell Real Estate

Determining what to do with real estate after the owner’s death.

About Probate Real Estate

When a property owner passes away, unless the property was owned with another person who had rights of survivorship, a probate process is necessary to determine what to do with the real estate property left behind. In many cases, probate results in the property being transferred to a beneficiary and/or sold. How real estate is handled during probate largely depends on whether or not the property owner dies testate (with a Will) and what the Will says about the property or intestate (without a Will). 

The timeframe for probate conducted in order to sell real estate depends on a number of factors, but it’s important to note that in most cases, it must be done in order for the heir to pass good title to a purchaser.  

Why Probate is Necessary in Order to Sell Real Estate in North Carolina

There are several legal steps you need to follow when transferring property ownership after the death of a friend or family member. Probate conducted in order to sell property in North Carolina most commonly occurs when the deceased property owner states the intent to sell in their Will, or the property heir prefers to sell it after inheriting. The probate process must occur prior to closing on the property in order to sort out remaining legal issues and to provide the new purchaser with good title.

Selling a Property from
a Deceased Owner

1.Contact a Probate Attorney

Bring the following documentation: the signed Will, the death certificate, the funeral bill paid-in-full, and the heirs' contact information. 

2.Preparing to Sell

Once the notice to the creditors has run, and the court has certain documents, the property can be sold and closed. 

3.Finalize the Probate

Working with an attorney, the probate process will be finalized by signing the Final Accounting document. 

Client Testimonial

"I highly recommend Shepard Law! The entire staff is professional, knowledgeable, and friendly. The closing process was explained to me from start to finish and every one of my questions was answered. I would definitely work with Candice and her team again.”

- Linda

“Ms. Shepard did an excellent job regarding my ownership transfer documentation. Her work was efficient, quick and it was absolutely correct the first time. I highly recommend her legal services.”

- Robert

Frequently Asked Questions

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Speak With An Attorney Today

Whether you are ready to begin the probate process, or you need help determining if a probate attorney is right for you, Shepard Law is here to help. 

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