Understanding the Probate Process in Real Estate: A Guide for Property OwnersUnderstanding the Probate Process in Real Estate Sale

What is Probate? Probate is a legal procedure where a deceased person's will is validated, and their estate is administered. This process ensures the distribution of assets, including real estate, according to the deceased's wishes or state laws if there is no will. The National Association of Realtors provides a comprehensive overview of the probate process which can be a helpful starting point. The Role of the Executor or Administrator The executor (named in the will) or administrator (appointed by the court in the absence of a will) plays a critical role in the probate process. They are responsible for gathering assets, paying debts, and distributing the estate. The American Bar Association offers resources and guidance for executors and administrators. Selling Real Estate During Probate Selling a property in probate is more complex than a typical real estate transaction. Approval from the court might be necessary, and the sale process must align with legal guidelines. For a detailed understanding, Investopedia’s article on Selling Real Estate from an Estate is an excellent resource.